Work and demolition notices

A work notice is an order to carry out repairs or improvements to a house. A local authority can issue a work notice as part of the implementation of an HRA plan, or in order to bring a substandard home into a state or reasonable repair, whether or not it is in an HRA. [1]

A local authority cannot issue a work notice requiring an owner to carry out work on it because it is adversely affecting the amenity of the area unless it is within an HRA.[2]

Work notices replace the system of repair notices and improvement orders introduced by the Housing (Scotland) Act 1987. The power to issue these notices and orders will be repealed on 31 March 2010, at which point any existing repair notices and improvement orders will fall.

The work notice must specify:[3]

• why it has been issued

• the work which must be carried out

• the standard the house must meet once the work is complete

• the period within which the work must be completed.

The deadline for completion must give the owner a reasonable amount of time to carry out the work, and must be at least 21 days after the notice is served.[4] If the local authority considers that the work is progressing well or has received a written undertaking from the owner stating that the work will be completed by a satisfactory later date, it can extend the deadline.[5]

There is no statutory form for work notices, but a sample notice is given in Annexe C of the Scottish Government's guidance.

A demolition notice is an order to demolish a property. A local authority can only issue a demolition notice if a house is within an HRA and is in a serious state of disrepair and ought to be demolished.[6] This means that the owner should have received prior warning of the local authority's intention during the HRA action plan consultation period. The page on housing renewal areas has further information about the consultation process.

If a local authority wishes a house outside an HRA to be demolished, it would need to consider whether a demolition order or dangerous building notice might be appropriate, depending on the circumstances.

The notice must specify:[7]

• why the house must be demolished

• the standard to which the demolition should be carried out (including how the area must be cleared afterwards)

• the period within which the demolition must be completed.

Again, the deadline must give a reasonable amount of time in which to complete the demolition, and must be at least 21 days after the order comes into effect.[8] The deadline can be extended if the local authority considers that the demolition is progressing well or has received a written undertaking from the owner stating that the demolition will be completed by a satisfactory later date.[9]

There is no statutory form for demolition notices, but a sample notice is given in Annexe D of the Scottish Government's guidance.

The local authority must serve the notice in writing to:[10]

• the owner and any occupiers (for example, tenants)

• any mortgage lender or other lender who holds a standard security over the house

• anyone who directly or indirectly receives rent on the house

• any other person who might have an interest in the property (for example, this could include a property manager).

Separate notices must be served for each property. So, for example, if an owner has two flats in a tenement building which both require work, s/he must be sent a separate notice for each property.[11]

Further information on service of notices can be found in Annexe E of the Scottish Government's guidance.

Any party on whom the notice is served can appeal to the sheriff by way of summary application within 21 days of the date of service.[12] The sheriff can confirm the decision, quash it, or make any other decision s/he thinks reasonable.[13] The sheriff's decision can be appealed to the sheriff principal within 21 days. The sheriff principal's decision is then final.[14]

The notice will not take effect until the appeal is abandoned or finally determined. The notice will have effect again from the date on which that happens.[15]

There is no recourse to the Scottish Public Services Ombudsman over work or demolition notices.[16]

Further information on appeals can be found in Annexe F of the Scottish Government's guidance.

If the local authority considers that work carried out under a work notice is likely to be detrimental to the health of anyone living in the house, it may suspend the work notice.[17] Examples provided in the Scottish Government's guidance include if occupants are ill or infirm, and the disruption caused by the work would be more damaging to their health than the disrepair itself.

The local authority can revoke the notice if the house to which it relates is demolished, or the work is no longer necessary.[18] If an HRA is revoked, any work notices issued as part of the HRA action plan will also cease to have effect.[19]

The local authority must give notice of any suspension, lifting of a suspension or revocation to the parties listed in section 62 of the 2006 Act (see 'service of work and demolition notices').

Note that there is no provision made in the 2006 Act for the suspension and revocation of demolition notices.

The local authority must provide help through its scheme of assistance to anyone issued with a work notice.[20] This does not need to be grant assistance, but may be advice or practical help.[21]

However, the local authority has no duty to assist recipients of demolition notices.

The local authority may offer to carry out the work on the owner's behalf, or may do so if requested by the owner. For example, this could be the case where several flats in a tenement or block all have notices and it would be cheaper or more practical to do the work all at once. However, this is up to the individual authority to decide, so will vary from area to area.[22]

The local authority can enforce a work or demolition notice before the date by which it is due to be completed if the owner gives notice that:[23]

• s/he is unable to comply with the notice due to the lack of necessary rights (for example, access rights), despite having taken reasonable steps to acquire these rights, or

• s/he considers that carrying out the work or demolition is likely to endanger any person.

In these situations, the local authority has more power to implement the notice than the owner. For example, it can use compulsory purchase orders to buy homes due for demolition, and evacuate premises where occupants may be in danger.[24]

If an owner does not comply with a work or demolition notice within the given time frame, the local authority can carry out the work specified in the notice, along with any additional work it discovers is necessary to implement the HRA action plan or to bring any substandard house into, and keep it in, a reasonable state of repair.[25]

If additional work is needed, the local authority must give the owner 21 days' notice before starting it, unless the situation is urgent or it is not possible to carry out the work required by the notice without first carrying out the extra work.[26] Owners can appeal if they do not believe the extra work to be necessary.[27]

The local authority cannot begin the work until the deadline specified in the notice has passed, unless the owner has notified them that they are unable to do the work due to lack of rights or concerns about endangering people.[28]

The local authority can recover any expenses incurred while carrying out the work, including administrative costs and interest at a reasonable rate.[29] If the money is to be payable in instalments, the local authority must send the owner a notice to declare this.[30] However the local authority decides the owner is to pay, whether by lump sum or in instalments, it would be advisable for owners to receive notice detailing the expenses due, any interest charged and when payment is due.[31]

The owner can appeal the recovery of expenses.[32] However, when appealing, s/he cannot raise any questions that could have been raised in earlier appeals, for example, over whether or not the work or demolition was necessary.[33]

If the local authority is demolishing a house, it can sell any materials arising from the demolition, and put the money towards the expenses charged.[34] However, it cannot recover any expenses incurred through demolishing a property bought by a compulsory purchase order.[35]

The local authority can make a repayment charge against her/his property to recover expenses.[36]

If a local authority is carrying out work in connection with a work or demolition notice and it considers that this may endanger the occupants of any land or premises, it must require the occupant to move out.[37] To do so, it must serve the occupant with a notice setting out why s/he must leave and by when – this date must be at least 14 days away.[38]

Once a local authority has issued a notice requiring evacuation, it is an offence for anyone to move into, or allow anyone else to move into, the property. However, it is not an offence for anyone who was already occupying the property before the notice was issued to continue to occupy it, or to allow such a continued occupation.[39]

If an occupant refuses to leave by the end of the notice period, the local authority can apply to the sheriff for a warrant for ejection.[40] If the sheriff is satisfied that the work is likely to endanger the occupant, s/he will grant a warrant ordering her/him to move out by a deadline specified in the warrant, until the work is completed. S/he can also attach further conditions to the warrant, for example, concerning rent. However, s/he will not grant a warrant unless s/he is satisfied that the occupant will have suitable alternative accommodation available to her/him, on reasonable terms. This also applies to any occupants whose main residence is the property in question, but who are currently living elsewhere because of their job or course of study.[41]

If the owner is carrying out the work her/himself, s/he will be responsible for ensuring the safety of any tenants or other occupants who live in the house. If it is necessary to evacuate occupants from the premises, either temporarily or permanently, the owner must do so in accordance with their tenancy rights. The page on temporary displacement of tenants has further information.

If occupants are forced to move out temporarily, it would be good practice for the local authority to inform the relevant services (for example, the homelessness unit) who may be able to provide support and advice to help them find suitable accommodation.[42]

Where an occupant is permanently displaced from her/his home as part of an HRA action plan (for example, because the home is due to be demolished) the authority must ensure that the person is provided with suitable alternative living accommodation, provided that:[43]

• s/he asks to be rehoused, and

• the property was her/his only or main residence when the HRA designation notice was issued.

It is important to note that this is not an automatic process: the local authority will only rehouse occupants if requested to do so.

The accommodation provided must be:[44]

• suitable for the occupant, and for any other person who would have been living there but was away because of work or study, and

• available on reasonable terms, and

• within reasonable distance of the occupant's original home, where practicable.

If a tenant or occupier is forced to move out of her/his home so that work required by the 2006 Act can be carried out, her/his tenancy or occupancy agreement will not be terminated, varied or altered as a result, and her/his tenancy or occupancy will resume as before once s/he moves lawfully back into the property, unless s/he agrees otherwise with the landlord.[45]

If a local authority is enforcing a demolition notice, it has the option to buy the home and the site, either by agreement with the owner or through a compulsory purchase order (CPO).[46]

Tenants and owners may be able to claim compensation for disturbance or loss.