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Volume 2
Chapter 1 Background
1.1. Local authorities currently have powers under the Housing (Scotland) Act 1987 to make owners deal with poor quality housing. They can designate a Housing Action Area where the majority of housing is below Tolerable Standard ( BTS). They can serve improvement orders to deal with individual BTS houses, or repairs notices for housing in serious disrepair. Local authorities must then provide grant assistance to help carry out works required by these notices or orders.
1.2. The 2006 Act replaces these powers with Housing Renewal Areas ( HRAs), work notices and demolition notices.
1.3. The Housing Improvement Task Force 2 was set up in December 2000 to consider the whole question of private sector housing condition. One of the things it pointed out was the lack of effective powers to deal with disrepair that is not yet serious. These new powers help to tackle this, and give local authorities more flexibility in dealing with poor quality housing and ensuring that work is carried out. This applies both to individual houses and to dealing with issues on an area basis.
1.4. The 2006 Act also introduces new powers for local authorities to require owners to set up and carry out a maintenance plan for their properties in certain situations. Further information on this is available in Volume 3 Maintenance.
1.5. Owners have primary responsibility for keeping their houses in good condition, although local authorities should consider what assistance they will provide to help them to do this. In most cases this will be at the authority's discretion. But if it serves a work notice it will have to provide assistance (such as advice, a loan or a grant) in terms of the Scheme of Assistance it develops under Part 2 of the 2006 Act.
1.6. This is a change from the arrangements under the 1987 Act where the local authority had to provide grant assistance after serving a notice. Further information on the new arrangements is available in Volume 5 Scheme of Assistance. Local authorities should also note that their Scheme of Assistance cannot apply where they have served a demolition notice.
1.7. This means that local authorities will have more powers to deal with poor quality housing, and more choice in how to support owners to undertake the work needed.
1.8. Local authorities will also have to set out how they will identify potential Housing Renewal Areas in their Local Housing Strategy ( LHS). For more information see paragraphs 3.11-3.14.
1.9. There will be transitional arrangements to allow local authorities to move from the powers under the 1987 Act to those under the 2006 Act. For more information see Volume 1 Preparing and Delivering (paragraphs 1.26-1.29).
1.10. Local authorities will continue to have powers to serve closing orders and demolition orders under the 1987 Act. They can serve these notices on properties which are BTS and which ought to be demolished.
Other powers
1.11. As well as the powers under the 1987 Act, there is other legislation which helps with issues of housing quality. For example, local authorities can use the Building (Scotland) Act 2003 to deal with dangerous buildings. The Tenements (Scotland) 2004 Act sets out responsibilities of owners for maintaining and managing their properties where their title deeds are silent or unclear on this point.
1.12. It may be that local authorities have been using this other legislation as well as, or instead of, the 1987 Act powers to deal with housing issues. These other powers will continue to be available to local authorities. Once the new HRA, work and demolition notices are available for use, authorities will need to consider what the most appropriate power, or combination of powers, is to deal with each situation.
1.13. Local authorities will wish to keep up to date with relevant case law or precedents around the various pieces of legislation. This may help to inform decisions as to which powers it is most appropriate for them to use.
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