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Volume 2
Chapter 4 Work Notices And Demolition Notices

4.1. This chapter provides more information on work notices and demolition notices. It looks at what the notices should contain and how to enforce them. This is primarily the legislation set out in Part 1 Chapter 5 of the 2006 Act.

4.2. There is no standard form for work or demolition notices. Annexes C and D summarise the legislative requirements for these notices, and also highlight further information and issues which local authorities may wish to consider when designing these documents.

4.3. These powers replace the existing powers to make repairs notices and improvement orders. They sit alongside the new powers to make maintenance orders (see Volume 3 Maintenance for more information) and existing powers to make demolition and closing orders.

s30, 33

4.4. Local authorities can serve work and demolition notices on owners of properties in an HRA to carry out the work or demolition which the action plan identifies. They can also serve work notices on owners of individual houses which are sub-standard.

s35, 55

4.5. Owners can arrange to carry out the work or demolition themselves. Or the local authority can do it for them, with the agreement of the owners and at their expense. But there is no obligation on the local authority to carry out the work or demolition on their behalf.

4.6. If the owner does not comply with the notice within the time set out for it, the local authority can carry out the work itself and reclaim the cost of this from the owner.

4.7. This chapter sets out more information on:

• work notices;
• demolition notices; and
• implementation and enforcement of work and demolition notices.

WORK NOTICES

Background

4.8. Under the Housing (Scotland) Act 1987 local authorities could issue repairs notices and improvement orders. The 2006 Act replaces these with a single work notice.

4.9. Repairs notices and improvement orders which local authorities issued prior to the repeal of those powers will continue to apply until they have been completed or the local authority revokes them. Local authorities should continue to provide mandatory grant assistance where they have served a repairs notice or improvement order. See paragraph 1.9 for more information.

4.10. The table below summarises the main differences.

Purpose

s30

4.11. Local authorities can serve a work notice on the owner of a house to require him or her to carry out work to it. The notice will set out what work the owner needs to do to:

• implement an HRA action plan; or
• deal with sub-standard housing, whether or not it is in an HRA.

s69

4.12. Authorities can also serve them on owners of non-residential properties in the same building as sub-standard housing (whether or not it is in an HRA), or in the same building as housing which an HRA action plan identifies as needing work (see paragraphs 4.24-4.25. and Chapter 2 paragraph 2.15 and Chapter 3 paragraph 3.40). But they can only do this if the work is needed to deal with the housing.

Work notices to implement an HRA action plan

s30

4.13. Local authorities can serve a work notice on the owner of each house which the HRA action plan identifies as needing repairs, improvement or maintenance. More information on how to deal with houses which the HRA action plan identifies for demolition is available in paragraphs 4.39-4.48.

4.14. Local authorities should not issue work notices until Scottish Ministers have approved the draft HRA designation order and it has been made (see also Chapter 3 for more information).

4.15. Authorities do not have to issue notices to every house which an HRA action plan identifies. For example, the owner of a property may decide to carry out the works based on the HRA action plan before the local authority has served a notice. Or the owner may decide to demolish the house rather than carry out the work. But where this does not happen, the local authority can serve a notice to require the owner to implement the action plan.

s3

4.16. An HRA action plan will identify a house as needing work because:

• it is sub-standard (see Chapter 2) and needs repair or improvements, and the work is needed to bring the house into, and keep it in, a reasonable state of repair including meeting the TS; or
• it is adversely affecting the amenity of the area, and the work is needed to address the appearance or state of repair of the house to enhance the amenity of the area; or
• it is a house which is adjacent to, or associated with, one of these types of houses, and requires work.

s3 (3)

4.17. The work notice will expand on the information which the HRA action plan sets out. This can include work to improve the safety and security of any persons or houses, to reduce the long term costs of maintaining any houses or to enhance the amenity of any houses. It would be good practice for the work or demolition notice to include information on where the owners can view a copy of the HRA action plan. Chapter 3 provides more information on HRAs.

s5

4.18. If a local authority issues a work notice to implement an HRA action plan, the notice will cease to have effect if the local authority revokes the HRA designation order which includes that plan (see Chapter 3 for more information).

Work notices to deal with sub-standard housing

s30 (1) (b)

4.19. A local authority can serve a work notice on the owner of any house which it considers to be sub-standard. The house does not need to be in an HRA.

4.20. If the house is in an HRA, the work notice should set out the work which the HRA action plan has identified for that house.

4.21. If the house is outwith an HRA, the work notice should set out the work which the local authority thinks is necessary to bring the house up to, or keep it in, a reasonable state of repair including meeting the Tolerable Standard (see Chapter 3 on "reasonable state of repair") . This would not include the additional elements at paragraph 4.17 above, in terms of safety and security and so on. Local authorities can only include these elements when they are serving work notices to implement an HRA action plan.

4.22. If the house is not within an HRA, the local authority should consider whether a work notice is the most appropriate power to deal with the issues it has identified. For example, a local authority may decide that it is more appropriate to serve a dangerous building notice to deal with a house in serious disrepair.

4.23. Local authorities cannot use work notices to deal with houses which are affecting the amenity of an area if they are not in an HRA. Local authorities can only issue work notices for this purpose on houses which are identified in an HRA action plan. If the appearance or state of repair of a house outwith an HRA is adversely affecting the amenity of the area, the local authority should consider what other powers are available to deal with this. For example, it may be appropriate to serve a nuisance abatement order.

Other issues

s69

4.24. Local authorities can serve a work or demolition notice on the owner of non-residential premises, but only where those premises are:

• in the same building as housing which is sub-standard (whether or not in an HRA); or
• adversely affecting the amenity of the area ( HRAs only).

4.25. In both cases, the notice can only require work or demolition to non-residential premises if this is needed to deal with the issues in the housing, for example where there are communal repairs.

4.26. If local authorities want to deal with other issues in non-residential premises, they will need to use powers under other legislation.

4.27. There may be situations where local authorities use powers under the 2006 Act and those under other Acts on houses in the same area. For example, they may issue a work notice on a sub-standard house which is close to a house more appropriately dealt with using a nuisance abatement order. Local authorities will want to consider how best to co-ordinate the various notices they serve.

Administration

Form of notices

4.28. Local authorities do not have to use a national standard form when issuing work notices. So they will need to consider the requirements of the Act when designing their work notice. Annex C summarises these requirements, and identifies other issues which local authorities may want to consider when designing the notice.

Service of work notice

s62

4.29. Local authorities must serve the notice on the owner of the house, and on other interested parties (Annex E provides further guidance on the service of documents). They should issue a separate work notice for each house. For example, if a person owns more than one flat in a close which an action plan identifies as needing work, the local authority should issue that owner with separate work notices for each property.

4.30. Where there are property managers or factors, local authorities may find it useful to encourage them to have a role in the implementation of the works notice. It would therefore be good practice for local authorities to suggest to owners that they forward a copy of any notice the local authority serves on them to their factor, although there is no requirement under the Act to involve them.

4.31. Alternatively, the local authority might decide to send a copy of any notice to the property manager itself, where known. It could ask owners to provide information on the factors, or by contacting the Property Managers Association Scotland ( PMAS).

4.32. Owners can appeal against the local authority's decision to serve a work notice. See Annex F for further information on the rights to appeal.

Suspension of work notice

4.33. There might be a situation where the local authority thinks that carrying out a work notice will be detrimental to the health of the house's residents.

4.34. Local authorities should consider this on a case by case basis. An example may be where the occupiers of a house are elderly or ill, and the local authority thinks that the disruption which the works will cause will have a worse effect on them than the disrepair itself.

s31

4.35. In this case the local authority can suspend a work notice, letting the owners know about this as set out in Annex E Service Of Documents).

s31 (3), (4)

4.36. The local authority can lift the suspension at any time, providing it again gives notice to the appropriate people. The local authority can use the notice to extend the period for completing the works by a reasonable amount. It can also specify particular steps to be taken in carrying out the work. These may replace or complement any other steps set out in the work notice or in a previous notice which lifted the suspension of a work notice.

Revocation of work notice

s5 (3)

4.37. A work notice which a local authority issues to implement an HRA action plan will cease to have effect if the authority revokes the HRA designation order.

s32

4.38. A local authority can also revoke a work notice if it considers that it is no longer required. The local authority should inform the owner if it has revoked a notice (See Annex E Service Of Documents for further information).

WORK NOTICES - SUMMARY

DEMOLITION NOTICES

Background

s3, s33

4.39. The 2006 Act introduces a new power to designate a house in an HRA for demolition because it is in a state of serious disrepair. Local authorities can issue demolition notices to the owners of these properties to implement the HRA action plan.

s3

4.40. A local authority can also use an HRA action plan to identify a house to be demolished because it is dangerous or below the tolerable standard. In these situations the local authority should issue a dangerous building notice under section 29 of the Building (Scotland) Act 2003, or a closing or demolition order under Part 6 of the 1987 Act. Local authorities can also use these powers for houses that are not in an HRA.

4.41. The table below looks at the key features of a demolition notice.

Purpose

s33 (1)

4.42. Local authorities can only serve demolition notices on owners of properties within HRAs. The HRA action plan must have identified the house for demolition because it is in a state of serious disrepair.

4.43. Local authorities cannot issue demolition notices on houses which the HRA action plan identified for demolition under Part 6 of the 1987 Act or section 29 of the Building (Scotland) Act 2003. In these cases, local authorities should continue to issue closing or demolition orders, or dangerous building notices, as appropriate.

Administration

s33

4.44. There is no standard form for a demolition notice. But section 33 of the Act sets out certain requirements for what the local authority must include in its notice.

4.45. Annex D provides a summary of these.

4.46. The Act requires local authorities to serve a demolition notice on various people who will have an interest in the property. For more information, see Annex E on service of documents.

4.47. It would also be good practice for the authority to send copies of the notice to property managers, where known.

4.48. Owners may appeal against the decision to serve a demolition notice. See Annex F for further information.

DEMOLITION NOTICES - SUMMARY

Implementation Of Work And Demolition Notices

4.49. The flowchart below summarises three possible routes to implementing work or demolition notices. Paragraphs 4.51 to 4.78 look at these in more detail. Local authorities will want to consider how they target support through their Scheme of Assistance, as this is likely to have an impact on which route owners take.

4.50. Where a local authority has used another form of notice, for example a closing order or dangerous buildings notice, they should use the powers of enforcement available under the relevant primary legislation to ensure compliance.

Route A: Owner does the work or demolition themselves

4.51. When owners receive a work or demolition notice, they should arrange to carry out the work or demolition within the time set out in the notice. They may be able to do the work themselves, or they might hire a contractor. Local authorities should provide assistance in relation to work notices, taking account of our statutory guidance the Scheme of Assistance ( Volume 5).

Route B: Local authority does the work or demolition on behalf of the owner, with his/her agreement

s55

4.52. The local authority can carry out work or demolition on behalf of the owner, so long as he or she agrees and pays for it. But the local authority does not have to do the work or demolition even if the owner asks them to.

4.53. The local authority might want to consider whether it will offer this service to owners. If so, it should make owners aware of this option.

4.54. In some cases, the scale of the work required may mean that it will be most practical for the local authority to take on the work, for example where extensive works are required to a tenement block to implement an HRA action plan. The local authority may wish to advise owners of this option, for example in a covering letter issued with the notice. Or this might be part of general information available through the local authority's Scheme of Assistance, or highlighted as part of information sessions held for owners from the early stages of consultation. The local authority could then set an interim deadline for owners to respond to the local authority to ask them to do the work. It is important that the local authority has clear written authorisation and agreement from the owner before proceeding, covering the works, access, the expenses that can be recovered and any other relevant matters. In all cases owners of a house have a right to arrange for the work in a notice to be carried out themselves.

s55

4.55. If the local authority carries out the work on behalf of a person, that person will be responsible for the costs of the work.

s60

4.56. Owners can ask for a certificate from the local authority to confirm that the work has been completed. If the local authority has carried out that work then they should not issue a certificate until the owner has repaid the charges (owners have a right of appeal where the local authority refuses to grant a certificate - see Annex F).

Route C: Local authority enforces a work or demolition notice

Owner fails to comply with notice

s35

4.57. Local authorities have the power to carry out work or demolition if the owner does not comply with a work or demolition notice. For example, the owner may not have started or completed the work by the deadline in the notice, or they have done the work but it is not to the required standard set out in the notice. Again, local authorities will want to ensure that support and information is available to owners through the Scheme of Assistance arrangements to reduce the situations where this will happen.

s35 (2)

4.58. Local authorities cannot enforce notices until the period set out in the notice within which the work is to be done has passed, unless they have received notice from the owner that:

• they are unable to comply with the notice because of a lack of necessary rights, of access or otherwise. The owner must have taken reasonable steps for the purposes of acquiring those rights; or
• if the owner has given the local authority notice that they consider that carrying out the work or demolition is likely to endanger any person.

4.59. In these situations it is appropriate for the local authority to implement the notice as there are more powers available to the authority than to individual owners. The local authority can use compulsory purchase powers in certain situations (under the Housing (Scotland) Act 1987), and can insist on the evacuation of premises where there is a potential danger (see paragraphs 4.63-4.69).

Local authority notifies owner of intention to enforce notice

s62

4.60. The local authority does not have to give notice before it enforces a work or demolition notice. But it does have to give notice if it will be including any additional works when enforcing which were not set out in the notice.

s35 (3)

4.61. In this case it must give 21 days notice, unless the local authority thinks that the situation is urgent, for example if a building subject to a demolition notice is about to fall down and cause damage.

s64

4.62. The owner of a property can appeal against the local authority's decision to enforce a work or demolition notice. It would be good practice for local authorities to ensure owners are aware of this. See Annex F for more information on the appeals procedure.

Local authority carries out work or demolition

s37 (1)

4.63. Local authorities will need to consider whether it is necessary to evacuate any premises before enforcing a work or demolition notice. They will need to do this if carrying out work or demolition is likely to endanger the occupant of any land or premises.

s37 (2)

4.64. The local authority must give notice to the occupant if this is the case. The notice should set out the reasons why the authority thinks it necessary for the person to move. It should also set out the date by which the person should evacuate the premises, which cannot be fewer than 14 days after the local authority has served the notice.

s37 (3)

4.65. The notice will cease to have effect on completion of the work or demolition, or if the sheriff refuses to grant a warrant for ejection.

s56

4.66. The Act makes provision for the continuation of a person's tenancy or occupancy arrangements where he or she has to be evacuated in this situation.

s38

4.67. If the occupant refuses to leave the premises by the deadline which the notice sets out, the local authority can apply to the sheriff for a warrant to eject them from the premises. But a person cannot be ejected if they do not have suitable alternative living accommodation.

4.68. The local authority should ensure that they involve relevant services who may be able to help in these situations. For example, homelessness services should be aware so that they can provide support and advice as necessary, to help the occupant to find suitable accommodation.

s39

4.69. Once a local authority has required a person to evacuate premises in this way, it will be an offence for any person to begin to occupy, or to allow another person to begin to occupy, those premises. But it will not be an offence if the person is continuing to occupy those premises and was doing so before the local authority required evacuation.

s35 (1)

4.70. The local authority may identify further work which is needed when it is enforcing a notice. The local authority can carry out this additional work, so long as it is needed to implement the HRA action plan or to bring sub-standard housing up to, and keep it in, a reasonable state of repair. But it can only do this if this additional work could not reasonably have been identified before the work or demolition notice was served.

s40

4.71. Where the local authority is enforcing a demolition notice, it can acquire the house and its site. This may be through agreement with the owner, or through compulsory purchase if agreed by Scottish Ministers.

s41 (1)

4.72. If a local authority has enforced a demolition notice by carrying out the demolition works itself it may sell any material arising from the demolition of that house. It does not matter whether or not the local authority compulsorily purchased the house and site.

s41 (2),(3)

4.73. The local authority can use any proceeds from such a sale of materials to go towards any expenses which it is eligible to recover from the owner of the property for carrying out the demolition. See also paragraph 4.78 on recovery of expenses. If those proceeds exceed the total amount of expenses recoverable by the local authority, it must account to the owner of the house for the surplus.

Listed buildings

4.74. It may be that the work or demolition notice relates to a house which is a listed building. The house might be a listed building in its own right, or it might form part of a listed building.

4.75. Where the house is in an HRA, the local authority will have consulted with the planning authority when designating the HRA.

s58

4.76. Before carrying out any works or demolition (Route C), the local authority must consult with Scottish Ministers (Historic Scotland), and the planning authority (if that is not the local authority). It must also consult with any other persons it sees fit.

4.77. In all cases, neither the local authority nor owners (or any other persons acting on their behalf) should undertake any work until they have obtained the appropriate consents. It would be good practice for the local authority to advise owners of how to obtain these if they are unsure.

Recovery of expenses and repayment charges

s59, Part 7

4.78. If a local authority enforces a work or demolition notice, it can recover the costs from the owners. This may include issuing a repayment charge. Annex G contains more information on recovery of expenses and repayment charges.

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