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Housing Renewal Areas
17. The Housing (Scotland) Act 1987 gives local authorities powers to deal with sub-standard houses on an area basis by means of Housing Action Areas ( HAAs), but these can only be declared where the majority of houses fail to meet the tolerable standard. HAAs have been invaluable in improving Scotland's housing, but there is now a need for a more flexible approach to dealing with disrepair and house condition on an area basis, in order to allow a local authority to stop the deterioration of an area before houses have to be condemned and to deal with area-based problems other than houses below the tolerable standard. The 2006 Act will allow a local authority to designate a locality as a Housing Renewal Area ( HRA) when either a significant number of the houses in the locality are sub-standard or the appearance or state of repair of any houses in the locality is adversely affecting its amenity. "Sub-standard" means that a house does not meet the tolerable standard or is in a state of serious disrepair or is in need of repair such that, if action is not taken, it is likely to deteriorate rapidly into serious disrepair or to damage any other premises.
18. Within an HRA action may also be taken to improve safety and security, reduce the long-term costs of maintaining houses or enhance the amenity of any houses.
19. Local authorities will want to consider how an HRA would fit in with any other regeneration work within its boundaries or community planning area.
20. The powers relating to HRAs are closely linked to other parts of the Act, particularly those dealing with repair, improvement and demolition of houses and with the scheme of assistance.
Scottish Executive approach
21. Implementation of this aspect of the Act will be taken forward by a team in Communities Scotland.
22. The key steps in implementation will be
- considering the need to issue directions on identification of areas
- working with stakeholders to develop guidance on the operation of Housing Renewal Areas
- issuing guidance.
23. Our provisional estimate is that the HRA powers could be in place by early 2008.
Local authority role
24. Each local authority will have the power to identify areas appropriate for designation as HRAs. In doing so it must comply with any directions on this matter given by Ministers. There is a new duty to include in the Local Housing Strategy the local authority's policy for identifying localities that should be designated as HRAs.
25. Local authorities might use powers where, for example:
- improving the area's appearance is part of a wider economic regeneration approach;
- an issue does not lend itself to an individual house approach, such as security, access, or quality of private and open spaces; or
- there is a concentration of right to buy owners who may need targeted assistance to allow completion of a landlord improvement programme.
26. When a local authority proposes to designate a locality as an HRA, it must produce a draft designation order. This must include an action plan setting out the strategy to improve the condition and quality of housing in the HRA. The action plan will identify houses within the HRA that require to be demolished or need work carried out to bring them into a reasonable state of repair or to enhance the amenity of the area. Schedule 1 of the Act describes the requirements for giving notice of and publicising a draft designation order. The local authority must consider representations on the draft order - the intention is to have community involvement in the HRA process - before submitting it to Ministers for approval.
27. Once Ministers have given approval, the local authority will be able to make the order. It will then have a duty to secure the implementation of the action plan, including the provision of information to owners and occupiers of houses identified in the plan. Implementation will be carried out by the issue of work and demolition notices on individual properties (a change from the HAA procedure). Local authorities will have powers to carry out works when owners do not do so, and to recover their costs.
28. The local authority will also have a duty to rehouse residents displaced by implementation of the action plan. The local authority has power to vary the plan at the request of the owner of any house identified in the action plan.
Local authority preparation
29. Local authorities will need to begin considering their policies on identifying areas suitable for HRA action and ensure that they deal with training and other staffing issues to support this activity, bearing in mind that work on HAAs will come to an end.
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