The Scottish Government

Volume 3
SUMMARY

• Owners are responsible for maintaining their properties. But where this is not happening, the Housing (Scotland) Act 2006 gives local authorities new powers to make owners maintain them.
• Local authorities can issue a maintenance order where owners have not, or are unlikely to, maintain their house to a reasonable standard. They can also issue one if the benefit of a work notice or repairing standard enforcement order has been reduced or lost because of a lack of maintenance.
• The order requires the owner to submit a maintenance plan, which will secure the maintenance of the house for up to five years. Owners are responsible for implementing it. But the authority can step in to enforce it if the owner fails to do so.
• Local authorities will also have new powers to pay money into maintenance accounts in certain situations.
• The Act specifies requirements for how local authorities should serve notice of certain decisions it makes under Chapter 6.
• It also gives owners rights of appeal against certain decisions.
• And it gives powers to local authorities to recover costs (including issuing a repayment charge against the property), where they have had to take action to enforce a maintenance plan.