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Scotland

Closing and demolition orders

Closing and demolition orders can be used where a house is below tolerable standard and ought to be demolished. Closing orders are used where the property forms part of a building that contains other properties that are above the tolerable standard; otherwise demolition orders are used.

This content applies to Scotland

Closing orders

If the local authority is satisfied that a house does not meet the tolerable standard and should be demolished then it can make a closing order. A closing order is used where the house in question forms part of a building and there are other houses in the building that meet the tolerable standard. [1] A closing order prohibits the use of the house for human habitation.

Service of closing orders

The closing order cannot take effect for at least 28 days from the date it comes into operation and the effective date must be specified in the notice. The order is served upon: [2]

  • the person having control of the house [3] 

  • any other person who is an owner of the house

  • a heritable creditor

  • a person who has applied to have the closing order revoked.

Vacation of premises subject to a closing order

Possession of premises can be obtained even where there are tenants who have security of tenure under the Rent (Scotland) Act 1984 or the Housing (Scotland) Act 1988. [4] Displaced tenants may be entitled to compensation in the form of a 'well-maintained house payment'. [5] If the tenant is permanently displaced s/he may be eligible for permanent re-housing, [6] and home loss and disturbance payments. [7]

It is an offence knowingly to use, or permit the use for human habitation of premises subject to a closing order. [8]

Revocation of closing orders

If a property subsequently becomes fit for human habitation, or if an undertaking is given by the owner or a heritable creditor that the building will be brought up to a tolerable standard, the local authority must revoke the closing order. [9] If it refuses to revoke an order an aggrieved person (see above) can appeal to the sheriff within 21 days of the refusal. [10]

The local authority can also replace a closing order with a demolition order, [11] or under certain circumstances acquire and repair a house or building that is subject to a closing order. [12]

Demolition orders

A local authority can make a demolition order [13] if is satisfied that the house(s) in question do not meet the tolerable standard, and the house(s) ought to be demolished.

If the building is listed or subject to a building preservation order then the authority has to issue a closing order instead. [14]

Service of demolition orders

The order is served upon: [15]

  • the person having control of the house [16]

  • any other person who is an owner of the house

  • a heritable creditor

  • a person who has applied to have the demolition order revoked.

Vacation of premises subject to a demolition order

The premises must be vacated within a specified period of at least 28 days from the date the order becomes operative and the site must be cleared within six weeks from the end of this period, or from when the premises are vacated if this is later. It is the owner of the building who is responsible for demolition, if s/he does not carry out the demolition then the local authority will and is entitled to sell the materials resulting from the demolition. [17]

Possession of premises can be obtained even where there are tenants who have security of tenure under the Rent (Scotland) Act 1984 or the Housing (Scotland) Act 1988. [18] Displaced tenants will normally be entitled to re-housing and compensation in the form of home loss and disturbance payments[19]

Revocation of demolition orders

If a property subsequently becomes fit for human habitation or if an undertaking is given by the owner or a heritable creditor that the building will be brought up to a tolerable standard, the local authority must revoke the demolition order. [20] If it refuses to revoke an order, an aggrieved person can appeal to the sheriff within 21 days of the refusal. [21]

Appealing closing and demolition orders

An aggrieved person can make appeals against closing or demolition orders to the sheriff within 21 days of the notice being served. [22] This probably covers owners, occupiers and heritable creditors but the Housing (Scotland) Act 1987 specifically excludes an 'occupier' (tenant) who occupies the property under a lease which has less than six months to run

Local authority purchase

An alternative to closing or demolition orders is local authority purchase. Where a local authority considers that a property should be kept for use as housing and that property is one in which the authority is entitled to make a closing or demolition order, then the authority may buy the property. [23] The purchase may be voluntary or compulsory.

When a local authority buys a building it then it has to carry out the work needed to make the house capable of being used as residential accommodation. The local authority can deal with the property under its general maintenance powers.

Footnotes

  • [1]

    s.114 Housing (Scotland) Act 1987

  • [2]

    s.118 Housing (Scotland) Act 1987

  • [3]

    s.338(2) Housing (Scotland) Act 1987

  • [4]

    s.128 Housing (Scotland) Act 1987

  • [5]

    s.304 Housing (Scotland) Act 1987

  • [6]

    s.36 Land Compensation (Scotland) Act 1973

  • [7]

    s.304 Housing (Scotland) Act 1987

  • [8]

    s.122 Housing (Scotland) Act 1987

  • [9]

    s.116 Housing (Scotland) Act 1987

  • [10]

    s.129 Housing (Scotland) Act 1987

  • [11]

    s120 Housing (Scotland) Act 1987

  • [12]

    s.121 Housing (Scotland) Act 1987

  • [13]

    s.115 Housing (Scotland) Act 1987

  • [14]

    s.119 Housing (Scotland) Act 1987

  • [15]

    s.118 Housing (Scotland) Act 1987

  • [16]

    s.118 Housing (Scotland) Act 1987

  • [17]

    s.123 Housing (Scotland) Act 1987

  • [18]

    s.128 Housing (Scotland) Act 1987

  • [19]

    s.304 Housing (Scotland) Act 1987

  • [20]

    s.116 Housing (Scotland) Act 1987

  • [21]

    s.129 Housing (Scotland) Act 1987

  • [22]

    s.129 Housing (Scotland) Act 1987

  • [23]

    s.121 Housing (Scotland) Act 1987