This item was published during the term of a previous administration that ended in April 2007
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Single survey to reform home buying system
24/11/2005
House hunters and private sector tenants will have better information and new rights under plans approved by the Parliament today.
The Housing Bill introduces a single survey scheme which gives house buyers far more detail on properties and simplifies the whole buying and selling process.
Private sector tenants will get new rights to basic standards of accommodation and a new route of appeal if the landlord does not carry out necessary repairs.
Communities Minister Malcolm Chisholm said: "The current system cannot be right if most people make what may be the biggest purchase of their lives with only basic information about the condition of the property.
"So the single survey, commissioned by sellers at the start of the marketing process, will provide in depth, quality information to buyers about the condition of the house.
"Having a detailed survey at the outset, giving buyers an accurate valuation to offer an appropriate price, will reduce the problem of multiple surveys, which can costs buyers hundreds of pounds and leave them with nothing.
"It will also help stop sellers setting artificially low asking prices which gives buyers false hope. This will greatly simplify the buying and selling process for everyone.
"The Bill also gives new rights to the 350,000 tenants in the private sector. If a landlord fails to carry out required repairs, at the moment the only recourse is court.
"The Bill will not only improve the standard that the house must be in, but also give tenants the right to appeal to a new Private Rented Housing Panel, which can order work to be done and penalise landlords when that doesn't happen.
"I'm clear there should be better protection for tenants' deposits. Where the refund of a deposit is disputed, the Bill gives Ministers powers to approve a tenancy deposit scheme which will give tenants and landlords a clear way of resolving those disputes and speed up the process.
"In the past five years, we've come a long way in addressing Scotland's housing needs, including improvements in the quality of homes in the social rented sector. Now it's time to focus on the private sector. The Housing Bill does this, and I believe that it will have a huge impact on standards in the private housing market."
The Housing Bill will:
- allow for the introduction of the mandatory single survey scheme into the house buying and selling process. The Bill gives ministers powers to specify the kind of information contained in a Purchasers Information Pack, which will include a detailed survey so that purchasers can access better quality information on properties before making an offer
- give new rights to private sector tenants to have a basic standards of accommodation which landlords must adhere to, and a new Private Rented Housing Panel which will provide a new route of appeal if the landlord fails to carry out repairs
- give Ministers powers to approve a tenancy deposit scheme. This would resolve disputes over the refund of a rent deposit more quickly
- transfer legislation on the licensing of houses in multiple occupation (HMOs) into a housing context, and increase the maximum fine for letting an unlicenced HMO from £5,000 to £20,000
- give councils new powers to deal with poorly maintained buildings which are likely to lead to serious disrepair, and enhance powers to address housing problems in run-down areas
- update the way councils can provide support to individuals who need repairs done. Councils will be able to decide what sort of support is appropriate in individual circumstances, such as advice, practical assistance and loans, as well as grants. The Bill allows Ministers to make directions about the way councils provide assistance
- ensure Ministers must prepare a strategy for improving the energy efficiency of houses and flats and report back to Parliament after five years
Around 70 per cent of homes in Scotland are privately owned. Eight per cent of houses, around 170,000, are in the private rented sector.