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MAINTAINING HOUSES - PRESERVING HOMES: A REPORT ON RESPONSES TO THE CONSULTATION
CHAPTER THREE THE TOLERABLE STANDARD
3.1 The Tolerable Standard is a minimum condemnatory standard which seeks to identify those elements of a dwelling which are fundamental to its functioning as a home. The Standard and the associated powers of intervention are intended to ensure that all dwellings meet basic standards of public health, comfort and safety.
3.2 Despite the relatively small number of dwellings failing the Standard, the Executive believes it is a useful tool in defining poor quality housing and that it should be retained as a trigger for statutory action. In addition, the Executive is proposing the Tolerable Standard should be extended to include a requirement for:
- Basic provision of thermal insulation
- Installations for the supply, distribution and use of electrical power being adequate and safe in use
The consultation document seeks views on the following questions:
- Are the proposed extensions to the Tolerable Standard the right ones?(Paragraphs 48-49)
- Should there be national guidance produced by the Scottish Executive on the interpretation of the Standard?(paragraph 50)
- Do you think that an action plan on below Tolerable Standard Housing should be required in local housing strategies and that promoting the improvement of housing condition and quality should be a specified purpose?(Paragraph 51)
EXTENSIONS TO THE TOLERABLE STANDARD
3.3 The majority of those responding (82%) agreed that the proposed extensions to the Tolerable Standard were the right ones. However, a number of more detailed comments were made about the proposal for a basic level of thermal insulation:
- Several local authorities said that the "basic" provision of thermal insulation should be carefully defined to ensure it was to an appropriate or adequate standard
- There was a concern among a number of local authorities about applying a single standard for thermal insulation for all housing irrespective of age, location or construction type
- There was a strong view that consideration should be given to the development of a rating system that is easily understood by all concerned, including the general public. The RICS Scotland commented that its members do not find the NHER rating system to be user friendly. The CIH Scotland suggested that thermal insulation could be measured on a scale similar to that used to assess the thermal efficiency of white goods and other electrical products. This A-G scale could also provide a link to the proposed rating for Energy Performance Certificates
- South Lanarkshire Council argued that the extension to include thermal insulation would be problematic for two reasons; defining what represents a basic failure and would this, in its own right, be a trigger for statutory action?
3.4 The consultation paper proposes that the issue of lead in water can be dealt with through the existing requirement in the standard to "having an adequate piped supply of wholesome water in the house". As detailed standards for water quality are set in European Union legislation as transposed into Scottish drinking water quality regulations, the Scottish Executive believes the requirement for wholesome water should be met, providing lead levels do not rise above the limits set in European legislation.
3.5 In its submission, Glasgow City Council stated that it considered that the paper's contention that the issue of lead can be dealt with through EU drinking water regulations is mistaken, commenting:
"All pipe work throughout the dwelling should be lead-free since, particularly among young children, lead is frequently ingested from water obtained at the wash basin or even during bathing."
3.6 A number of submissions also identified issues that should be added to the Standard. These included:
- Serious disrepair (raised by the CIH Scotland, COSLA, Glasgow City Council and Comhairle Nan Eilean Siar)
- Adequate sound insulation and safe access (RICS Scotland)
- Gas safety (Glasgow City Council)
- Severe condensation (COSLA, Stirling Council)
- Minimum space standards in respect of kitchens and bathrooms (Dundee City Council)
3.7 Some respondents suggested the need for additional resources to meet the new Standard. For example, Highland Council have identified that:
"There will be a significant increase in houses falling below the Tolerable Standard under the proposed extension."
3.8 Stirling Council stated that while the improvements to the basic standard are welcomed, the proposed extensions have the potential of designating a very high number of properties as below the Tolerable Standard.
3.9 The City of Edinburgh Council added that it was difficult to make an accurate assessment of the impact of the proposed changes in terms of the number of properties affected and the resources this would require. Before the proposals are finalised, it recommended that a full assessment of their impact is carried out, including an assessment of the financial resources required from owners and/or local authorities to bring houses up to the new standard.
NATIONAL GUIDANCE
3.10 The Executive recognises that there is a need for consistency in the interpretation of the Tolerable Standard, both in relation to the new proposed extensions and the existing provisions. It is proposed therefore that guidance should be produced by a Scottish Executive led ad hoc Advisory Group.
3.11 Most of those responding to this part of the consultation (93%) agreed that there should be national guidance produced by the Scottish Executive.
3.12 This support was qualified by a number of local authorities that suggested that there should still be scope for local interpretation to reflect local conditions and that the guidance should not be too restrictive. However, others (Glasgow and Comhairle Nan Eilean Siar) opposed the Scottish Executive's proposal, saying the guidance may be too restrictive or inflexible.
LOCAL HOUSING STRATEGIES
3.13 The consultation paper sought views on recommendations from the Housing Improvement Task Force which require local authorities to:
- Prepare and publish, as part of their local housing strategy, an action plan on below Tolerable Standard housing
- Make the promotion of the improvement of housing condition and quality a specified purpose
3.14 Almost all respondents (87%) agreed with these Task Force recommendations, with only 11% disagreeing.
3.15 The City of Edinburgh Council agreed with the proposals but argued that clearer guidance was required on the role of local authorities in the private housing market linked to the development of local housing strategies. This could include guidance on assisting owners to achieve the Scottish Housing Quality Standards (SHQS) and how strategies can be developed to achieve the SHQS in mixed tenure blocks.
3.16 A number of local authorities felt a specific requirement for an action plan on below Tolerable Standard housing was unnecessary. In their response, Renfrewshire Council commented:
"Current guidance on local housing strategies makes clear that these should take account of national priorities and commitments, which include reducing the number of houses below the Tolerable Standard. Our view is that this is sufficient …A specific requirement for an action plan on BTS housing would be over-prescriptive."
3.17 East Renfrewshire Council added that a separate action plan on below Tolerable Standard housing would dilute the overall LHS action plan, a view echoed by East Lothian Council:
"The LHS should already have high level objectives about improving house conditions (including dealing with BTS housing)….An action plan based on specific timescales and reductions in numbers would be almost impossible."
3.18 In its response, COSLA agreed that the improvement of housing condition and quality, particularly in the private housing market, should form a key part of local housing strategies. However, it did not agree that BTS action plans should be required in local housing strategies:
"It is unclear what the practical benefits of this would be. An action plan infers a duty on local authorities to identify and monitor all BTS houses and take action where perhaps none is essential."
SUMMARY OF KEY FINDINGS
3.19 The proposed extensions to the Tolerable Standard were seen as the right ones by 82% of respondents. However, there were also calls to ensure the "basic" provision of thermal insulation was to an appropriate or adequate standard. There was also a suggestion that a user friendly rating system for thermal insulation should be developed.
3.20 A number of respondents proposed additions to the Tolerable Standard, including serious disrepair, sound insulation, safe access, gas safety, serious condensation and minimum space standards.
3.21 Almost all respondents (93%) agreed with the proposal for national guidance on the interpretation of the Tolerable Standard, although some local authorities were concerned this may be too inflexible to reflect local circumstances.
3.22 The publication of action plans by local authorities on below Tolerable Standard housing in local housing strategies and making the improvement of housing condition and quality a specified purpose was supported by 87% of respondents. However, a number of local authorities felt a separate action plan on below Tolerable Standard housing was over-prescriptive.
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