Overview of local authorities' duties and powers

Local authorities have a duty under the Housing (Scotland) Act 1987 (the 1987 Act) to ensure that houses that do not meet the tolerable standard are brought up to that standard, closed or demolished. [1]

The 2006 Act replaced 'housing action areas' with a new system of housing renewal areas, and 'repair and improvement notices' with work notices, and introduced demolition notices. It also introduced a new system of maintenance orders, which require owners to produce and carry out maintenance plans to keep their homes in a decent state of repair. Local authorities are only required to provide assistance (for example, advice, or a grant or loan) where a work notice is served.

These new powers not only help local authorities tackle housing that is substandard or in a state of serious disrepair, but also allow them to deal with housing that is likely to deteriorate into disrepair before it begins to do so.

Local authorities can also use powers under the Building (Scotland) Act 2003 to deal with dangerous buildings or those in need of repair, by issuing defective or dangerous building notices.

Under the Environmental Protection Act, local authorities have a duty to inspect their areas for statutory nuisances and take reasonable steps to investigate any complaints of statutory nuisance. If satisfied that a statutory nuisance exists, authorities can serve an abatement notice on the person responsible.