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MAINTAINING HOUSES - PRESERVING HOMES: A REPORT ON RESPONSES TO THE CONSULTATION
CHAPTER ONE INTRODUCTION
BACKGROUND
1.1 This report presents the analysis of responses to a major consultation exercise conducted by the Scottish Executive on the legislative proposals for reforming private sector housing in Scotland. On 22 nd July 2004 the Scottish Executive published a consultation pack entitled " Maintaining Houses - Preserving Homes" which sought views on a range of issues including: the powers of local authorities to address housing quality in the private sector and area renewal; changes to the system of financing and supporting private home owners carrying out repairs; changes to the Tolerable Standard; powers to introduce a single survey; improved rights for private sector tenants in Scotland; and increased protection for mobile home owners renting stances.
1.2 The Housing (Scotland) Act 2001 made significant changes to Scottish housing, particularly for tenants of local authorities and registered social landlords. The Housing Improvement Task Force (HITF) was set up by the Scottish Executive in 2001 to look at the extent of condition problems in private sector housing stock in Scotland and to make recommendations for tackling these problems. The HITF published two reports: Issues in Improving Quality in Private Housing (2002) and S tewardship and Responsibility (2003). The latter report made a comprehensive set of recommendations to ensure that Scotland's housing is well maintained and of a good standard. This consultation paper was aimed at taking these recommendations forward and in addition, at the principle of introducing a single survey and the introduction of an EU Directive on Energy Performance Certificates.
1.3 The proposals in the consultation paper are based on the principle that individuals should be responsible for maintaining their homes, but that there should be support available where needed. The proposals also look at the powers available to local authorities to respond to the changing housing context, both where this impacts on individual houses and on the wider area. While the major focus is on owners, the proposals also aim to strengthen the rights of private sector tenants.
1.4 The consultation process comprised a number of elements including a series of seminars run by the Scottish Executive in various parts of Scotland. These events were designed to explain the proposals and promote discussion. Comments made at the events were not fed into the analysis and this report is based solely on the written responses to the consultation. Written responses to the consultation document were invited from a range of individuals and organisations including local authorities, representative bodies, professional bodies, respondents to the Housing Improvement Task Force and equality groups. In addition, the Scottish Executive established a web based version of the questionnaire contained in the consultation pack and individuals and organisations were encouraged to complete this online. Ten thousand of the summary pro-forma response papers were distributed at seminars and through representative bodies.
1.5 The consultation pack, 'Maintaining Houses - Preserving Homes' sought respondents' views in three main areas:
- Dealing with defects and disrepair
- Better information for homebuyers
- Improving standards in the privately rented sector.
The pack asked respondents to give their views on 46 specific questions (listed in Appendix 1) that were grouped around a number of key themes:
- Defects and disrepair
- Tolerable Standard
- Area renewal
- Assistance to private owners
- Charging orders
- Single survey
- Energy performance certificates
- The repairing standard
- The private rented housing tribunal
- Houses in multiple occupation
- Adaptations
- Extending the national registration scheme for private landlords
- Mobile homes
1.6 This report is structured broadly around these themes. The remainder of this chapter describes the consultation process in more detail and outlines the analysis methods that were used to produce the findings in this report. Chapter 2 focuses on dealing with defects and disrepair. Chapter 3 looks at the tolerable standard. Chapter 4 deals with area renewal. Chapter 5 looks at financing and supporting repair works. Chapter 6 deals with providing better information for home buyers. Chapter 7 looks at improving standards in the privately rented sector and Chapter 8 deals with protecting mobile home owners.
The consultation Process
Written Responses
1.7 The consultation pack was published on 22nd July 2004 and was distributed to a wide range of organisations and networks including voluntary organisations, business organisations and local authorities. The consultation pack was also published on the Scottish Executive's web site and a web based version of the questionnaire was made available to interested parties who wished to respond online.
1.8 The closing date for receipt of written or online responses was Friday 29 th October 2004. By this date, 314 completed responses had been received. 129 of these submissions came from individuals, representing 41% of the total responses received. 169 came from a wide range of organisations representing 54% of respondents. Organisations who submitted responses are listed in Appendix 3 to this report. 16 responses were received where the identity of the respondent was not disclosed and they declined to say whether they were an individual or representative of an organisation. All 314 of these submissions have been analysed in preparing this report, however, only 290 submissions were included in the quantitative analysis, as having specifically answered one or more of the set questions.
1.9 While many submissions responded to all sections of the consultation, a small number restricted their response to a single section or set of questions. In particular, a number of submissions chose to respond only to the questions relating to mobile homes, or the questions concerning the rights of disabled people to request adaptations.
description of analysis methods
1.10 The analysis of the consultation responses involved a combination of qualitative and quantitative methods.
1.11 The quantitative analysis aims to show the proportion of respondents that were supportive, or otherwise of the suggestions made in the consultation document. It gives a basic overview of the majority of issues raised in response to each question, and an indication of the levels of support for some of the suggestions the consultation makes.
1.12 Where possible the analysis also looked at whether responses had been received from individuals or organisations, and organisations were further subcategorised into the following groups:
- Architects
- Building /Construction
- Community Councils
- Chartered Surveyors
- Disability and Older People's organisations
- Energy/Conservation/Environmental
- Estate Agents/Letting Agents/Property Managers
- Housing Bodies
- Homeless Organisations
- Local Authorities
- Mobile Home Organisations
- Solicitors/Legal
- Miscellaneous
Qualitative Analysis
1.13 The majority of questions were closed questions to which respondents were invited to comment. Many respondents chose to simply respond yes or no to each question. Others submitted detailed and sometimes lengthy free text responses. The qualitative analysis aims to capture in more detail the concerns and issues raised by respondents, and the reasoning behind their views.
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