Maintaining Houses - Preserving Homes Consultation Summary
THE SINGLE SURVEY
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The single survey
The Scottish house-buying process often results in a buyer having several property surveys carried out and most buyers rely on the basic valuation survey. We propose to introduce a single survey for residential properties including information on type, construction, age, and condition of property, as well as energy efficiency, basic accessibility for disabled people and a valuation. The duty for producing the survey will lie with the marketer of the property (usually a solicitor or estate agent). Ministers could specify other information to be supplied such as a Purchaser's Information Pack listing planning consents and common repair and maintenance obligations. Cost will be paid by the seller, who may recover it from the buyer. There could be a fine for non-compliance. A pilot voluntary scheme is under way; we propose to introduce reserve powers for a statutory scheme.
Energy performance certificates for residential premises
We propose to implement an EU Directive requiring energy performance certificates for residential properties to be made available when they are constructed, sold or rented out. This will enable owners, buyers or tenants to assess a house's energy performance. The proposed legislation will apply to existing housing. For newly-created housing, certificates will be generated as part of the Scottish building regulations compliance process.
The energy performance certificate will contain an assessment of the relative energy performance of the building, which is likely to be a number on a scale. It will give information on the interpretation of this and be accompanied by recommendations for cost-effective improvement of energy performance.
Owners of residential property which they place on the market, and selling agents (if any) who place residential property on the market on behalf of owners, will have a duty to make the certificate available to prospective purchasers. In right to buy sales there will be a duty on the landlord to make available a certificate to tenants expressing interest in purchase.
Where a tenant enters into a Scottish secure tenancy (SST), there will be a duty on the landlord to make available a certificate to the tenant before the tenancy is signed. A duty to make available a certificate is to be placed on persons assigning, granting sub-lets of, or exchanging SSTs. The duty will also apply on the granting of a tenancy of a type detailed in Schedule 1 of the Housing (Scotland) Act 2001. For the private rented sector, the duty to make available a certificate to prospective tenants is to apply to all types of tenancies.
QUESTIONS
Further copies of this document are available, on request, in audio and large print formats and in community languages, please contact:
David Gow
Policy Co-ordinator
Private Sector and Affordable Housing Policy Division
Scottish Executive
Area 1-H (South)
Victoria Quay
EDINBURGH
EH6 6QQ
Tel: 0131 244 5592
email: housingconsultation@scotland.gsi.gov.uk