The Scottish Government

2.1 The Act sets out the "tolerable standard" which all houses are required to meet. A local authority has a duty to ensure that all houses in their area which do not meet the tolerable standard are closed, demolished or brought up to the tolerable standard. Enabling houses to be brought up to the tolerable standard is a primary function of Improvement and Repairs Grants.

2.2 It is for the local authority to determine whether a house fails to meet the tolerable standard, or whether it is in a state of disrepair requiring statutory action.

The Tolerable Standard

2.3 A house meets the Tolerable Standard if it:

a) Is structurally stable;
b) Is substantially free from rising or penetrating damp;
c) Has satisfactory provision for natural and artificial lighting, for ventilation and for heating;
d) Has an adequate piped supply of wholesome water available within the house;
e) Has a sink provided with a satisfactory supply of both hot and cold water within the house;
f) Has a water closet or waterless closet available for the exclusive use of the occupants of the house and suitably located within the house;
fa) Has a fixed bath or shower and a wash-hand basin, each provided with a satisfactory supply of both hot and cold water and suitably located within the house;
g) Has an effective system for the drainage and disposal of foul and surface water;
h) Has satisfactory facilities for the cooking of food within the house;
i) Has satisfactory access to all external doors and outbuildings.

2.4 The words "or waterless closet" in (f) are inserted by the Housing (Scotland) Act 1987 (Tolerable Standard) (Variation of Criterion) Order 2003. This change is required because a waterless closet is now considered an acceptable alternative, in some circumstances, under the Technical Standards for compliance with the Building Standards (Scotland) Regulations 1990.

Standard Amenities

2.5 The "standard amenities" are:

• a sink
• a fixed bath or shower
• a wash-hand basin

all with a satisfactory supply of hot and cold water, and

• a water closet or waterless closet.

2.6 In some contexts, standard amenities are treated differently from other aspects of the tolerable standard. However, with the insertion of (fa) into the tolerable standard by the 2001 Act, the reverse no longer applies. It is not now possible for a house to meet the tolerable standard without having all standard amenities.

3. ELIGIBLE WORKS

3.1 The following paragraphs set out the full range of works which are eligible for grant. It is for the local authority to determine, through suitably qualified and experienced staff, whether proposed works are eligible, necessary, and appropriate, having regard to the aims of the grants system. Authorities are not required to make grant available for all eligible types of work, but may impose restrictions, taking account of national and local priorities and the resources available to them. In some circumstances grant is mandatory; details are set out in paragraph 6.14.

• Works required for the provision of houses by the conversion of houses or other buildings. This includes converting two or more houses into one, or sub-dividing one house into two or more houses.

• Works required for the improvement of houses, including:

  a) works to bring the house up to the Tolerable Standard, including provision of standard amenities
  b) alteration and enlargement
  c) replacement of unsafe electrical wiring
  d) installation of mains-powered smoke detectors
  e) provision of adequate heating systems
  f) provision of adequate thermal insulation
  g) works required to make the house suitable for the accommodation, welfare or employment of a disabled occupant

h) in a building in common ownership, installation of

• a fire door at the entrance to each house
• a main-door entryphone system

• any works required to put the house into a good state of repair, including:

i) the replacement in a different material of any pipes, cisterns, taps or other equipment used for the supply of water to a house which are wholly or partly made of lead
j) works intended to reduce exposure to radon gas

• Works to provide a means of escape from fire in a house in multiple occupation, where a notice requiring such works has been served under s.162 of the Act (see para 6.10).

(c) replacement of unsafe electrical wiring
(d) installation of main-powered smoke detectors
(f) provision of adequate thermal insulation
(h) in a building in common ownership, installation of

• a fire door at the entrance to each house
• a main-door entryphone system

the local authority may invite the applicant to make a further application for grant to include these works.

3.3 This provision does not give local authorities a new power, nor is there a duty for the authority to investigate, for example, whether the house is adequately insulated. However, it reinforces the significance attached to these new eligible works and the expectation that they should be included, where practicable, while other work is being carried out.

3.4 In practice it is likely to be simpler to invite the applicant to make a new application including all the additional works, rather than a separate, further application. If a further application is made, the restrictions on the amount of approved expense for subsequent applications, set out in paragraph 9.5(b), will apply.

Interpretation of Eligible Works

3.5 The following paragraphs provide some guidance on works which may be considered appropriate for grant assistance, particularly in relation to the works listed in 3.1(c)-(f) and (h) which are inserted by the 2001 Act.

3.6 In order to meet the tolerable standard, it is not necessary for a house to comply with all current building regulations. However, where the property is subject to alteration or a change of use, the new work involved must meet the Technical Standards for compliance with the Building Standards (Scotland) Regulations 1990, as amended. The following paragraphs refer to the principal Parts of these Technical Standards as they relate to each new eligible work. It should be borne in mind, however, that some building work can have an impact on other standards. For example, a fire retardant door which complies with Part D will also need to meet the escape route width requirements of Part E. Where there is any doubt, advice should be sought from the authority's Building Control section.

Enlargement

3.7 It is normally expected that a family will move to a larger house when it outgrows its present home. The enlargement of a house which is already adequate, by building an extension or converting space currently not used, such as an attic or garage, cannot be regarded as contributing to the improvement of the general housing stock. Grant for such purposes can only be justified in exceptional circumstances, for example in a remote rural community where there is no prospect of suitable alternative accommodation for the household becoming available.

3.8 Grant for the extension of a house may be appropriate where this is necessary to meet the tolerable standard, for example by the addition or enlargement of a bathroom or kitchen, or to meet the needs of a disabled occupant.

Replacement of unsafe electrical wiring

3.9 In assessing whether or not mains electrical wiring is unsafe, a local authority may take any of the following defects into consideration:

• Inadequate earthing and/or bonding arrangements to the circuit
• Cables with perished or degraded insulation
• Cables which have been damaged and/or poorly jointed/terminated
• Circuits which are overloaded and/or overheating, including where this is due to insufficient provision of electrical sockets
• Switchgear and/or other electrical accessories which are damaged to an extent that live parts of the equipment are exposed
• Electrical accessories mounted on wood blocks, skirting boards, for example
• Cables and accessories that have been damaged by water ingress
• Inadequate circuit protection, provided by double pole fuses, for example

3.10 This list is intended as a guide to common electrical defects and should not be considered comprehensive. Each case should be considered on its own merits. Where grant is paid to replace wiring which is considered unsafe, all the defects identified must be rectified on completion of the works. New electrical work should comply with Part N of the Technical Standards.

3.11 Where significant rewiring is taking place, the applicant should be strongly encouraged to take the opportunity to install mains-powered smoke detectors.

Installation of mains-powered smoke detectors

3.12 These should meet the requirements set out in Part E of the Technical Standards. The extension of an existing system to additional parts of the house, or upgrading to meet the Technical Standards, are also eligible for grant.

Provision of adequate heating systems

3.13 In line with the Scottish Fuel Poverty Statement, a heating system should be considered inadequate if it fails to provide a satisfactory heating regime as defined by the World Health Organisation. This is:

• For elderly and infirm households, 23°C in the living room and 18°C in other rooms, to be achieved for 16 hours in every 24.
• For other households, 21°C in the living room and 18°C in other rooms for a period of 9 hours in every 24 (or 16 in 24 over the weekend); with two hours being in the morning and seven hours in the evening.

3.14 This standard is higher than the existing requirements of Part Q of the Technical Standards. For that reason, this standard is only required of houses where grant has been approved specifically to provide an adequate heating system. It is not required of all houses which have been improved with grant. In addition, the local authority may use its discretion to allow adequate heating to be provided in only a limited number of rooms, if it is satisfied that other rooms are not normally in use, or are only used for storage. The aim is to maximise the benefit to the occupier without increasing the overall costs to an unaffordable level, if the applicant does not qualify for 100% grant.

3.15 The installation of gas, oil and solid fuel combustion appliances, together with any associated oil or LPG storage tanks must comply with Part F of the Technical Standards.

3.16 Space heating and hot water systems should comply with Part J of the Technical Standards for installation, controls, insulation of pipes, ducts and vessels, and commissioning.

Provision of adequate thermal insulation.

3.17 This should comply with part J of the Technical Standards. Where the existing construction places constraints on the thickness of insulation material installed it may be necessary to apply for relaxation of the Standards. Grant may be awarded for any element of insulation, for example to insulate the roof but not the walls. However, in such cases applicants should be made aware of the provisions on subsequent grants (paragraph 9.5(b)), which would restrict the amount of grant available to do further works at a later date.

3.18 Heating and insulation measures should, where possible, be considered together to achieve a satisfactory heating regime.

Other heating and insulation initiatives

3.19 The Scottish Executive, local government and power companies operate a number of initiatives targeted specifically at improving heating and insulation for vulnerable households and reducing fuel poverty. Details of what is available in each area are available from local Energy Efficiency Advice Centres. Officers dealing with improvement and repairs grants should be aware of these programmes, particularly the Central Heating Programme and Warm Deal, and should consider, where an application is made for heating or insulation works, whether the applicant should be advised to investigate their eligibility for other assistance.

In buildings in common ownership, the installation of a fire retardant door at the entrance to each house.

3.20 As such a door will be a door in a separating wall, it should comply with Part D of the Technical Standards. The entire doorway should be made fire resistant in compliance with this standard, including any adjacent fanlight, other window or infill panel.

3.21 Grant may be paid for the provision of fire retardant doors to however many houses within the building whose owners wish to apply. Eligibility is not dependent on all owners taking part.

In buildings in common ownership, the installation of a main-door entryphone system

3.22 This should comply with Part Q of the Technical Standards. The Act mentions only installation of such a system. As with other items, general maintenance work would not be eligible for grant, but the replacement of a system which no longer functions, or which does not meet the required standards, could be considered.

3.23 Where an entry-phone system is installed, it is necessary for every house which uses the common door to be connected (main-door flats are not affected). Eligibility for grant will therefore require the agreement of the owners of all relevant houses.

Repairs

3.24 Grants for repair are intended to deal with defects which if neglected would lead to deterioration of the fabric of the building. This most often involves action to prevent water penetration, including roof repairs, replacement of damaged harling, or replacement of severely rotted window frames and sills. Routine maintenance and cosmetic works, such as painting woodwork or replacing occasional tiles, should not normally be grant-aided, nor works to remedy minor defects which do not affect the fabric of the building.

Replacement of lead plumbing

3.25 Grant can be approved for works to alter or replace lead plumbing, to combat the health risks associated with the presence of high levels of lead in drinking water. This may involve:

a) the by-passing, relining or replacement of a lead-lined tank supplying water to the tap in the kitchen or other tap used as the "drinking tap"
b) the replacement or by-passing of lead piping within the house or the curtilage of a house, and leading to the drinking tap, or
c) a combination of (a) and (b) above.

3.26 Before approving an application for grant, the local authority should be satisfied that the drinking water supply does not meet the standards for lead content set out in current drinking water quality regulations, and that the proposed works will enable the supply to meet those standards, or at least achieve a substantial improvement. Tests on individual properties may not be necessary if the authority is satisfied, by representative sampling or otherwise, that the conditions in a particular area can be expected to give rise to unacceptable levels of lead in drinking water. If an individual test is required, the cost of this can be included in the grant application.

3.27 In some parts of Scotland, water is treated to prevent lead dissolving into the supply, and the authority may wish to take this into account in determining priorities for grant.

Reducing exposure to radon gas

3.28 Radon is a natural radioactive gas released from the ground. There is evidence that exposure to high levels increases the risk of lung cancer. The level of exposure depends both on geological factors and on the type of house, as some types of construction allow the gas to disperse more effectively than others. Following advice from the National Radiological Protection Board (NRPB), if a house is found to have a concentration of radon gas above 200 becquerels per cubic metre, the occupier is advised to take steps to reduce exposure to the gas. Applications for grant should therefore be approved where they are supported by a radon measurement provided by NRPB, showing that action is necessary. The type of works that may be required to substantially reduce exposure will depend on the construction of the house.

3.29 Further information about radon measurement and remedial works is included in SDD circular 29/1992, which is available on the Scottish Executive's Improvement and Repair Grants website.

a) have been his responsibility under the lease for 2 years; or
b) are adaptations for a disabled occupant; or
c) are required for the health and safety of the occupants of the house.

There are no restrictions on eligibility for repair grants.

4.2 The Housing Grants (Assessment of Contributions)(Scotland) Regulations 2003 specify the categories of applicant to which each type of assessment applies. These are set out in paragraphs 11.2, 11.8 and 11.9 of this guidance. For any applicant not covered by these categories, the applicant's contribution is assessed as the full approved expense of the works. This means that they will not receive any grant unless a minimum percentage grant applies.

4.3 Where the (non-owner) occupier does not have a formal lease, for example if they are a member of the owner's family, they will not be treated as a tenant. If such an occupier applies for grant, instead of the owner, the provisions of the Assessment of Contributions regulations mean they will not receive any grant, other than a minimum percentage grant, unless the works are adaptations for a disabled occupant.

5.2The general conditions are that:

a) The owners of all the houses involved and any other land on which work is to be carried out must have consented in writing to the work and to being bound by the conditions of grant set out in paragraph 17.1.

b) The works must not have been begun before the application is approved, unless the local authority is satisfied that there were good reasons for doing so.

c) In a building containing more than one house, the works to be carried out under the current application must not prevent the future improvement of any other house in the building.

d) The house must have been built or first converted to housing at least 10 years before the date of application, unless the work is only to provide standard amenities. Scottish Ministers may waive this requirement, either generally or for particular cases. Ministerial Directions have been made waiving this requirement for applications in respect of:

• adaptations for a disabled occupant
• replacement of lead plumbing
• works to reduce exposure to radon gas.

The full text of these Directions is provided in Annex D

e) The local authority must be satisfied that the house will be in a reasonable condition on completion of the works.

f) The value of the house must not exceed the top value of a Council Tax valuation band prescribed by Scottish Ministers. There are various exceptions to this condition. However, the current prescribed valuation band is band H, the highest band, for which the range of values is "over 212,000". Since band H has no top value, this condition currently has no effect. The band is prescribed in the Improvement and Repair Grant (Prescribed Valuation Band)(Scotland) Order 2003, reproduced at Annex B3.

5.4 Where the application relates to business premises, which are eligible for grant under a Repair Notice for common repairs, only conditions (a) and (b) above apply. The local authority must also be satisfied that the house, or houses, in the same building will provide satisfactory housing accommodation for such period as they consider reasonable.

5.5 A local authority shall not approve an application for improvement grant, apart from an application which relates exclusively to the provision of standard amenities, unless they are satisfied that the house "will provide satisfactory housing accommodation for such period and conform with such requirements with respect to construction and physical condition and the provision of services and amenities" as Scottish Ministers may specify.

5.6 Scottish Ministers' requirements were set out in SDD Circular 21/1988, which is available on the Scottish Executive's Improvement and Repair Grants website. The requirements expand on the tolerable standard, giving details of aspects such as required activity areas and the extent of satisfactory lighting and ventilation.

5.7 Local authorities are free to approve applications for grant where the house is to be improved to a higher standard than the tolerable standard. However, the authority should not normally require higher standards than the requirements specified by Scottish Ministers. They should seek to avoid any situation where an applicant is dissuaded from carrying out basic work by a requirement to increase the scope or sophistication of the proposals.

6.3 If the owner does not comply with the Improvement Order, the local authority may acquire the building, by agreement or by compulsory purchase, in order to carry out the works themselves.

6.4 The prescribed form of improvement order is set out in the Form of Improvement Order (Scotland) Regulations 2003, referenced at Annex C1

6.5 Where a local authority are satisfied that a house is

a) in a state of serious disrepair, or
b) is in need of repair and is likely to deteriorate rapidly, or to cause material damage to another house, if no action is taken,

they may serve a Repair Notice, requiring the person in control of the house to execute works within 21 days to rectify the defects specified in the notice.

6.6 If the Repair Notice is not complied with, the local authority may execute the works themselves and recover the expenses, with interest, from the person having control of the house and/or the owner. The expenses may be repaid as a lump sum or in instalments with interest, and the local authority may make a charging order on the property for those expenses.

6.7 The prescribed form of repair notice is set out in the Form of Repair Notice (Scotland) Regulations 2003, referenced at Annex C2

6.8 Where a local authority are satisfied that the majority of houses in an area do not meet the tolerable standard, they may make that area a Housing Action Area (HAA) for demolition, for improvement, or for demolition and improvement. They shall serve a notice on the owner of each house in that area which requires improvement, informing them of the making of the HAA and the standard which must be achieved.

6.9 If an owner does not agree to undertake the necessary works, the local authority may acquire the house by agreement or by compulsory purchase in order to carry out the works themselves.

6.10 If it appears to a local authority that a house in multiple occupation (HMO) does not have sufficient means of escape from fire, they may serve a notice requiring works to be undertaken to provide such means of escape, within a specified period of not less than 21 days.

6.11 If the notice is not complied with, the local authority may undertake the works and recover the costs from the person on whom the notice was served. It is an offence to wilfully fail to comply with a notice under these provisions.

6.12 It should be noted that this enforcement power applies to houses in multiple occupation as defined in the 1987 Act, that is,

"houses which, or a part of which, are let in lodgings, or which are occupied by members of more than one family."

It does not automatically relate to the requirements of HMO licensing under the Civic Government (Scotland) Act 1982. However, local authorities could, if they wished, serve a notice under this section on a house requiring to be licensed, which would make the works eligible for mandatory grant ( see paragraphs 6.10 and 6.14). Other works required to obtain an HMO licence may also be eligible for grant.

Mandatory And Discretionary Grants

6.13 The 1987 Act provides that a local authority "shall" approve an application for grant in some cases, and "may" approve an application in other cases. No changes have been made to these categories of mandatory and discretionary grant.

6.14 Grant is mandatory:

a) for works to comply with the requirements of any enforcement actions under the Housing (Scotland) Act 1987, as outlined above, or under other legislation which specifically applies the grant provisions of the 1987 Act; or

b) to provide any of the standard amenities, including any additional standard amenity which is essential to the needs of a disabled occupant. (Where a standard amenity is required for a house in multiple occupation, the authority may serve an enforcement notice under s.161. In this situation, grant is not mandatory.)

7.2 Grant for such works is discretionary, except where it is to provide a standard amenity which, in the opinion of the local authority, is essential to the needs of a disabled occupant. The local authority therefore needs to have a policy to determine the circumstances in which grant applications for adaptations will be approved, and how they will be prioritised. Section 5.14 of "Community Care - The Housing Dimension" (Scottish Office, 1994) makes clear that health, social work and housing sectors must work closely together to meet the needs of people with disabilities, and that social work departments must make available specialist advice from appropriately qualified staff. In most cases, an occupational therapist employed by the local authority will undertake an assessment of the applicant's needs and will advise on what is required to meet those needs, based on their expertise in disability and environmental adaptation.

7.3 Housing adaptations are one option within a continuum of services for disabled people, which can range from provision of small items of equipment and temporary adaptations to personal care services, to rehousing. It is therefore important that any person who applies for grant for adaptations work should be encouraged to make contact with Social Work services, if they have not already done so, before the application is processed. Their needs can then be fully assessed within the single shared assessment process, and all the options explored.

7.4 In the past, the maximum grant available for adaptations was 75% of the approved expense. In many cases, local authorities provided funding for part or all of the remainder from Social Work budgets - so called "topping-up". The introduction of the assessment of applicant's contribution allows for grants up to 100%, depending on the applicant's income, and a minimum percentage grant of 50% for all approved grants for adaptations. In light of this, local authorities will wish to review their policies on topping-up, and other aspects of the relationship between housing grants and Social Work services including the legal responsibilities of Social Work services to provide assistance. Local partners will want to consider how both adaptations and equipment services might be brought into joint resourcing and joint management arrangements.

7.5 Paragraphs 11.5 to 11.7 provide guidance on applications for grant for adaptations work where the disabled person is not the owner or eligible tenant, or where they may not have the capacity to consent to making the application or to arrange for the works to be done.