The Scottish Government

s30 (3) (a)

The reason for the work

• There are different approaches possible. For example, the notice could say a property requires work because it is BTS. Or it could specify why it is BTS, for example because it is structurally unstable.
  
• If the house is in an HRA, this is likely to be a reiteration of the information in the HRA action plan.

s30 (3) (b)

The work to be carried out

• s194 (1) defines "work".
  
• So the notice can include repairs, improvement or maintenance work. But it cannot include demolition.

s35 (1)
s3 (4)
s30 (1) (a)
s3(3)

For houses which an HRA action plan has identified:

• The work notice is likely to expand on the work which the action plan sets out. Local authorities should not introduce any additional work in the notice which was not included in the action plan .
• The only exception to this is where the local authority has to enforce a plan, and identifies additional work which is needed which it could not reasonably have known about before serving the notice.
• If the action plan identifies a house as being sub-standard, the notice will set out work to bring the house up to, and keep it in, a reasonable state of repair.
• If the action plan identifies a house as adversely affecting the amenity of the area, the notice will set out the work the owner needs to carry out on its appearance or state of repair to enhance the amenity of the area.
• An HRA action plan might identify a house as needing work because it is both sub-standard and adversely affecting the amenity of the area. The work notice should reflect all the work which the action plan has identified for it.
• The action plan might identify a house as needing work because it is adjacent to, or otherwise associated with, a house in the above circumstances. The work notice should set out the work identified in the action plan for this house also.
• The notice can also include works, if the action plan identified them, to:
• improve the safety and security of any houses or persons. For example, it might require security entry on the front door of a close in the HRA;
• reduce the long-term costs of maintaining any houses. This might include replacing broken guttering with soffits and cladding; or
• enhance the amenity of any houses. For example, it could require work to create drying areas in the back yard.

For sub-standard housing outwith an HRA:

• The notice will set out work to bring the house into, and keep it in, a reasonable state of repair.
• Local authorities may find it useful to apply the same process for identifying the necessary work as they use for drawing up the HRA action plan.

s30 (3) (c)

Any standard to be met on completion

• It will be up to the local authority to determine what these standards are.
  
• The Act does not require that such work is to bring houses up to SHQS. However local authorities may wish to consider how this work will tie in to other responsibilities (see also paragraph 3.76).
• Work on sub-standard housing is intended to bring the house up to a reasonable state of repair.
• It will be up to local authorities to determine what other facts to take into account when considering whether a house is in a reasonable state of repair (cross reference to early chapter), but it must at least meet the tolerable standard.
• If the house is in an HRA, this is likely to be a reiteration of the information in the HRA action plan.

s30 (3) (d)
s30 (4)

The period within which the work must be completed (at least 21 days)

• This should be a period which the local authority thinks is reasonable.
  
• It must be at least 21 days from the date at which the notice takes effect (see Annex E on service of documents)

These are not legislative requirements but might be worth thinking about.

• Local authorities will want to consider the extent of the works required when deciding on a reasonable period for completion. For example, if a tenement block requires extensive works it may not be reasonable to specify a time of less than 6-9 months.
• With such extensive works, the local authority may consider that the most appropriate (or effective) way to get the work done is for the local authority to arrange the works on behalf of the owners, and reclaim the costs. Local authorities may wish to advise owners of an interim deadline, for example of 2 months, for owners to respond to the local authority to indicate whether they wish them to carry out the work on their behalf, or to provide information of how they will undertake the work themselves.
• In all cases, owners have the right to arrange to carry out the works themselves.

s34

The local authority can extend this period by a reasonable amount at any time

The local authority can extend this period by a reasonable amount at any time. But only where:

• there has been satisfactory progress towards carrying out the work; or
• the owner has given the local authority a satisfactory written undertaking to complete the work by a later date.

s30 (5)

Any particular steps to be taken in carrying out the work required

Local authorities can, but do not have to, include this.

What support is available

• It would be good practice to advise owners what support may be available to them.
• The local authority must provide assistance through its Scheme of Assistance for recipients of work notices.

HRA action plan

If the local authority is serving the notice to implement an HRA, it would be good practice to remind owners where they can view a copy of the HRA action plan.