Enforcing repairs
This content applies to Scotland only.
Housing laws vary between Scotland and England. Get advice relating to England
If the council identifies properties which are not being looked after or are lowering the appeal of an area, it can take steps to make sure the owners bring the properties back into a reasonable state of repair. This section looks at the various ways in which the council can do this.
Housing renewal areas, work and demolition notices and maintenance orders are new powers introduced in April 2009. Councils have a year to replace the existing system of housing action areas, repair notices and improvement orders with these new powers. It's up to the council to decide when it does this, so it can change over to the new system any time between now and April 2010. However, it must publicise the new system, so keep an eye on your council's website to find out when the new powers will be introduced in your area.
Maintenance orders
If the council believes that your home is not being, or is unlikely to be, kept in reasonable condition, you may be sent a maintenance order, requiring you to draw up a plan outlining how you'll maintain your property for up to five years. If your home is part of a tenement or larger building, you may be required to draw up a joint maintenance plan with the other owners, to show how you'll manage the upkeep.
Housing renewal areas
If the council decides that a significant number of houses in a certain area are substandard, or any house is adversely affecting the appeal of the area, it can declare it a 'housing renewal area' (HRA). It must then consult on a plan to improve the area, and can send out notices to home owners there, ordering them to bring their properties up to a reasonable standard. HRAs replace the previous system of designating 'housing action areas'.
Work and demolition notices
If your home is falling into, or is already in, disrepair, the council can send you a work notice ordering you to carry out the necessary work to bring it back up to a reasonable standard. You don't have to live in a housing renewal area to be sent a work notice. If your home is dangerous or in a serious state of disrepair, the council may decide that it should be demolished.
Demolition and closing orders
If you don't live in a housing action area (HRA) but your home is substandard, the council can issue you with a demolition order. If your home forms part of a larger building, it can send you a closing order, which prevents anyone from living in the property. This page looks at what you can do if you're sent a demolition or closing order.
Defective and dangerous building notices
If your property needs repair work carried out to prevent significant deterioration or to remove a danger to people in or around it, the council can require you to do something about it. It may issue a defective building notice or dangerous building notice ordering you to put the problem right. If there is an immediate danger, the council can carry out temporary repair work to your property, without notifying you first.
Abatement notices
The council's environmental health department can order owners to put right any disrepair that is causing a health hazard or 'nuisance', by serving an abatement notice.
