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Volume 2
Introduction
1. This guidance covers the new powers under Chapters 1 and 5 of Part 1 of the Housing (Scotland) Act 2006, in relation to Housing Renewal Areas and Repair, Improvement and Demolition. These powers complement the new maintenance powers which are set out in Chapter 6 of the Act (for more information on maintenance please see Volume 3 of this guidance).
2. Chapters 1 and 5 give powers to local authorities to deal with poor quality housing. The main aim is to allow local authorities to take effective action to improve housing condition where owners will not exercise their responsibility - especially where this has an impact on others .
3. This guidance is non-statutory, and is primarily for local authorities. It does not provide a full explanation of the Act, and local authorities should be satisfied in all cases that they are using these new powers within the requirements of the Act. The explanatory notes published with the Act 1 provide a useful overview, but local authorities should seek their own legal advice if unsure of the interpretation of any part.
4. A wide range of other organisations may also find this guidance useful. For example it may help advice organisations when providing information for private owners affected by the new powers. Residents' associations might find it a useful guide to the powers available to the local authority.
5. Communities Scotland has developed this guidance in conjunction with a Project Advisory Group. Details of the membership are available in Volume 1, and you can access notes of the meetings via our website, at www.communitiesscotland.gov.uk/stellent/groups/public/documents/webpages/cs_016362.hcsp.
6. Local authorities should ensure that they eliminate unlawful discrimination, promote equality of opportunity and observe the requirements of relevant equalities legislation at all times when exercising the new powers under this Act.
Structure of Guidance
7. There are four main chapters in this guidance:
Chapter 1 provides background to the new powers to help local authorities deal with housing which is sub-standard or affecting the amenity of an area.
Chapter 2 provides more information on when housing is sub-standard or adversely affecting the amenity. It also outlines the new Housing Renewal Areas ( HRA) and work and demolition notices, and looks at the use of these and other existing powers.
Chapter 3 provides further information on the new area-based powers, HRAs.
Chapter 4 deals in detail with work and demolition notices. Local authorities can use these to enforce HRAs, or use work notices on their own to get work done on individual houses.
8. There are also four annexes which provide some advice to local authorities for designing certain documents:
Annex AHRA Designation Order
Annex BHRA Action Plan
Annex C Work Notice
Annex D Demolition Notice
9. And there are three annexes which look in more detail at some of the technical requirements which relate to Part 1 Chapters 1 and 5 of the Act:
Annex E Service Of Documents
Annex F Appeals
Annex G Recovery Of Expenses And Repayment Charges
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