Housing renewal areas

A housing renewal area (HRA) is part of a local authority area marked out by that authority as needing improvement in the condition and quality of housing in the area. This may be because: [1]

• a significant number of houses in the area are not up to the tolerable standard, in serious disrepair, or in need of repair and likely to deteriorate rapidly if nothing is done to fix them, or

• the appearance or state of repair of the houses in the area is adversely affecting the amenity of the area.

In the Housing (Scotland) Act 2006 (the 2006 Act), the term 'house' is used to mean any living accommodation that can be occupied as a separate dwelling, although this excludes mobile homes. 'House' includes common areas such as stairwells and external features that form part of the accommodation, such as gardens, garages and drying greens.[2]

An HRA may consist of just a few properties (for example, three tenements in a row) or may cover a larger area.

Once it has identified an area requiring improvement, the local authority must draw up an HRA action plan, setting out how the condition and quality of housing within the HRA will be improved. The plan must specify houses within the area in need of repair or improvement and set out the work required to bring them up to standard. It may also identify houses in need of demolition.

The plan should also include information about compensation and help available through the scheme of assistance, and lay out the period within which it must be completed.[3]

The procedure for designating an HRA is set out in Schedule 1 of the 2006 Act. Further guidance can be found on the Scottish Government website.[4]

If a local authority is proposing to designate an HRA, it must consult on a draft of the proposed HRA designation order, which will contain a map delineating the area, and the HRA action plan. The authority must notify the owners and occupiers of every house in the area, the planning authority (where the area contains listed buildings etc), place an advertisement in at least two local newspapers, and in any other manner it see fit. The notice must:

• explain how the draft HRA designation order can be viewed

• set out any help available for implementation of the plan through the local authority's scheme of assistance (with reference to its statement of assistance under section 72 of the 2006 Act)

• give a deadline (which must be at least three months away) before which representations can be made.[5]

After considering representations, the local authority may decide not to take the HRA forward, in which case it should notify owners and occupiers in the area (in the same way as for the draft order).

The local authority can modify the draft plan as a result of the consultation, but cannot extend the proposed HRA, before submitting it to Scottish Ministers for approval.[6]

Once the plan has been finalised and approved by Scottish Ministers (with or without modifications), the local authority can make the HRA designation order, and must give notice to all owners and occupiers in the HRAs, in at least two newspapers circulating in the area, and in such other manner as the authority thinks fit. The notice must describe the general effect of the HRA designation order, describe the assistance available (with reference to the local authority’s statement of assistance), and specify where and when a copy of the order will be made available.[7] 

Once the designation order has been made, the local authority can vary the plan at the request of a home owner in the area, but only in regard to that owner's property. It can also vary the order in any way which will not adversely affect anyone living in the area. If the order is varied, the local authority must notify anyone affected by that, and anyone else it deems appropriate.[8]

The local authority must revoke the order once the HRA action plan has been implemented, or if it is directed to do so by Scottish Ministers. It can also revoke the order, with the consent of Scottish Ministers, if circumstances change in such a way that the revocation is justified (for example, if owners in the area carry out repair work of their own accord, before notices have been issued). Any work notices issued will also cease to have effect (see below).[9]

Once the HRA designation order has been approved by Scottish Ministers, the local authority can issue owners in the area with work or demolition notices, in order to implement the HRA plan. It can also issue demolition orders or dangerous building notices, if appropriate.

The local authority must ensure that any person who has to leave their main or only home permanently as a result of the implementation of an HRA plan is provided with suitable alternative living accommodation, if the person requests this. This includes accommodation suitable for people who usually live in the house but are currently staying elsewhere due to work or study. The accommodation must be available on reasonable terms and be within a reasonable distance of their original home.[10]