If the council forces you to repair or demolish your home
If you own your home, the council can only force you to repair or demolish your home if it's dangerous or unsafe.
They can give you advice and support to do the work. If you disagree with them, you can appeal against the order in court.
If you own a property that cannot be lived in because of repair problems, contact the Scottish Empty Homes Partnership for advice.
When the council can send you a notice or order
The council may contact you when your home is:
a hazard to people’s health
a danger to other buildings around it
in serious structural disrepair
in poor condition and likely to deteriorate
The council can send you a notice or order telling you to repair or demolish your home.
Types of notices or orders you can get
The council can send you any of the following:
maintenance order
work notice
closing order
abatement order
dangerous or defective building order
demolition notice
demolition order
What a notice or order should say
what to do to put it right
how long you have to do the work
what happens if you fail to do the work
You may get more than one warning before being told to demolish your home. You should be given time to put it right.
The council may offer to do the work if there is more than one property affected and it's cheaper or easier for them to do it.
If you agree to do the work
Ask the council what help and advice they'll give you. They can help you plan work and find contractors.
You could get advice, support and grants through the scheme of assistance.
If you do not agree to do the work
Tell the council why you do not think work is needed. Try to reach an agreement that works for both of you.
If this does not work, you can appeal against any notice or order in court.
There's usually a deadline of 21 days to appeal from the day you get the notice or order. You will need a solicitor to help you appeal.
Find a solicitor on the Law Society of Scotland website. You could get free legal advice or legal aid to help with costs.
If you fail to do repairs or demolition work
The council may do the work and charge you for the costs.
You could be fined if you do not follow a closing notice or an abatement order.
The council can use a compulsory purchase order to buy your home to do repairs or demolish it.
Finding somewhere else to live
If you decide to move out, we have guidance on finding a place to live.
If you have nowhere to go because your home is unsafe or being demolished, contact the council to make a homeless application.
Compensation from the council
If your home is demolished or you have to move out, you could get compensation.
You can claim any of the following:
a home loss payment - to compensate you for losing your home
a disturbance payment - to cover removal costs
a well maintained payment - for keeping your home in a good state of repair
Home loss payment
Owners are entitled to receive up to 10 percent of the market value of their home, with a minimum payment of £1,500 and a maximum payment of £15,000.
To qualify, you must:
have received a demolition order, improvement order, closure order or dangerous building notice
have lived in the property for at least 1 year
be required to move out permanently
To apply, contact the acquiring authority and ask for their home loss application form.
If they reject your application, you can ask a court to review the decision. You'll need a solicitor to help you apply.
Disturbance payment
This covers things like:
removal costs
altering carpets and curtains for your new home
removing and reinstalling appliances, such as your cooker or washing machine
To qualify, you must:
have received a demolition order, improvement order, closure order or dangerous building notice
be living in the property on the date the order or notice was issued
be required to move out permanently
You may need to pay these expenses yourself, then claim back the costs. In some cases, the acquiring authority can offer you a lump sum in advance.
If you need to pay yourself, keep receipts for any expenses you have and submit them when you claim.
If they reject your application, you can ask a court to review the decision. You'll need a solicitor to help you apply.
Well maintained payment
To qualify, you must have received a demolition order or closing order.
To apply, write to the council and ask for a well maintained payment. You must apply within 3 months of receiving an order.
If they say you cannot, and you disagree, you can appeal to the Secretary of State within 21 days of receiving the letter. Get a solicitor to help you appeal.
Last updated: 30 November 2023
Housing laws differ between Scotland and England.
This content applies to Scotland only.