Scottish Government

Volume 2
Chapter 3 Housing Renewal Areas ( HRAs)

3.1. This Chapter provides more information on Housing Renewal Areas ( HRAs). It highlights some of the key differences between these and Housing Action Areas ( HAAs). It provides guidance on circumstances in which local authorities can designate an HRA, and looks at the various stages to go through to do this. This is the legislation set out primarily in Part 1 Chapter 1 and Schedule 1 of the 2006 Act.

3.2. Annexes A and B summarise the legislative requirements for the HRA designation order and HRA action plan. They also highlight further information and issues which the local authority may wish to consider when designing these documents.

Overview

3.3. Housing Renewal Areas are the new powers to deal with poor quality housing issues on an area basis. They replace the previous arrangements to designate Housing Action Areas, and local authorities will have more flexibility in when they can use them.

3.4. The table below summarises the main differences between HRAs and HAAs.

3.5. Housing Action Areas which Scottish Ministers have approved prior to the repeal of the HAA power will continue to apply (see also paragraph 1.9 for information on transitional arrangements), as will any grants which local authorities have awarded under that system.

Using the HRA powers

3.6. Setting up an HRA involves three main stages -

Identification of suitable area

Introduction

s1

3.7. Local authorities can designate an HRA on either or both of the following grounds:

• where a significant number of the houses are sub-standard, or
• where the appearance or state of repair of any houses is adversely affecting the amenity of the area (see Chapter 2 for more information on "sub-standard" and "amenity").

3.8. This gives local authorities more scope than under the HAA system. Local authorities could only designate an HAA where more than 50% of housing was BTS or lacking standard amenities.

s3 (1)

3.9. Designating an HRA lets a local authority secure an improvement in the condition and quality of housing in the HRA. This may be through carrying out works to, or demolition of, houses.

3.10. A local authority might designate an HRA on a locality because it contains housing under both categories in paragraph 3.7. Or it might designate an HRA for one reason, but be able to deal with housing under the other criteria at the same time. For example, an authority might designate an HRA on grounds of amenity on an area which also contains several sub-standard houses. The authority might not take the view that this number is "significant" enough to designate an HRA. But it might want to consider with its legal advisors whether it could deal with the sub-standard houses as part of the HRA action plan if it has designated the HRA on amenity grounds.

Identifying potential areas: Local Housing Strategies

Ch 2 s10

3.11. Local authorities must set out their strategy for identifying HRAs in their LHS. The 2009 LHS submission will be the first to include this new requirement, but local authorities can designate an HRA before they submit their 2009 LHS. It would be good practice for local authorities to have at least a provisional policy before doing so though. Local authorities are expected to have undertaken an equality impact assessment of the final policy. There are legal requirements to cover disability, gender and race ⁸. The Scottish Government, however, promotes a six equality strand approach to equality impact assessment, to also cover age, religion and belief, and sexual orientation.

3.12. The Act does not specify what the strategy should contain. The content will be a matter for each local authority. But there are issues that will be relevant for all authorities. The following bullet points summarise some of these.

• Identifying areas: the policy should set out how the local authority will actively identify housing quality problems on an area basis.
• Scale and nature of problems: a successful strategy needs to be built around a clear understanding of the scale and nature of local housing quality problems. Our own research indicates that many local authorities do not currently have a thorough knowledge of private sector house condition ⁹. So, establishing reliable baseline information may be an important early step in developing the strategy. We have produced separate guidance ( Volume 1 Chapter 5 "Gathering the Evidence") to assist local authorities to gather and manage house condition data effectively. Authorities may find it useful for their work on HRAs.
• Clear criteria: authorities should have clear criteria for identifying an area as a potential HRA, and should declare these criteria so that decisions are open, consistent and defensible.
• Resources: authorities should base their strategies on a realistic assessment of the staff and funding available to support individual HRAs.
• Other powers: authorities may also want to consider the circumstances in which it would be more appropriate to use other powers to achieve area-based improvement, rather than designate an HRA in a locality.
• Co-ordinated approach: issues of poor housing quality are usually interlinked with social and economic issues. Local authorities should ensure that they join up with other policies and agencies when identifying potential HRAs. This might include Community Planning partners, regeneration interests, or using social data such as deprivation statistics or local surveys.

3.13. Issues of poor housing quality are usually interlinked with social and economic issues. Local authorities should ensure that they join up with other policies and agencies when identifying potential HRAs. This might include Community Planning partners, regeneration interests, or using social data such as deprivation statistics or local surveys. Local authorities should also consider any cultural or other sensitivities in relation to the communities living in those areas it has identified.

3.14. There is more information on these requirements in the LHS guidance (see paragraph 2.54). Local authorities will also find it useful to consider Volume 1 Chapter 5 "Gathering the Evidence".

Assessing the housing

3.15. Local authorities may be aware of potential HRAs through their own records of housing quality. Or owners may come to the local authority to ask it to deal with issues in their area. Local authorities may also want to consider the role property managers might play in identifying potential houses, as they will have a working knowledge of the stock they manage.

s182 s184

3.16. Local authorities have rights of entry to land or premises (including adjacent land and premises) at any reasonable time for deciding whether it is appropriate to designate an area as an HRA. They should give notice at least 24 hours in advance if they intend to access the land or premises, unless the situation is urgent or if giving such notice would defeat the purpose of the visit. Any person who the local authority authorises to do this must be able to produce written evidence of authorisation.

3.17. Local authorities will have to determine whether an HRA is the best way to deal with issues which they or owners have identified. Issues they may wish to consider include:

• whether the issues in paragraph 3.7 apply;
• whether it is appropriate to deal with sub-standard housing on an area basis, rather than just serving work notices (see Chapter 2 paragraphs 2.49-2.56 for more information);
• whether encouraging voluntary action will work; and
• whether there are other powers which they could more appropriately use instead of, or as well as, the HRA approach. For example, local authorities can require demolition of individual houses for reasons other than serious disrepair through other legislation. They can also use other powers, such as nuisance orders, to deal with some issues of appearance and state of repair affecting the amenity of an area.

3.18. A number of local authority departments might have an interest in the decision whether to use HRAs or other routes. Local authorities will want to ensure they involve all the relevant departments when determining how and whether to use the new powers (for example regeneration, environmental health).

3.19. They might also want to consider how they will consult with other relevant local stakeholders. This might include RSLs, the police and communities themselves.

3.20. An advantage of the HRA approach is that local authorities can coordinate their responses to deal with a wide range of issues. They also have powers to carry out the work where owners do not, and to recover the costs for this (see Chapter 4). See also paragraphs 2.49-2.62 of Chapter 2 for further discussion on the use of appropriate powers.

Criteria for an HRA - Sub-standard

3.21. Chapter 2 provides information on when a house is sub-standard.

s1(a)

3.22. To designate an HRA on grounds of substandard housing, a local authority must consider that a "significant number" of houses in the area are sub-standard. This is different from the HAA system which required there to be a majority of housing in the area which was BTS or lacked standard amenities.

3.23. The 2006 Act does not define "significant", so local authorities will have more flexibility in using the area powers. But this also means the assessment will be more subjective and more open to challenge. It will be important for local authorities to ensure that they have evidence to back up their decisions. They should also ensure they consult with residents and owners from an early stage (see paragraphs 3.88-3.94 on consideration of draft orders).

3.24. It will be up to the local authority to determine whether there is a significant number of sub-standard houses in the area. It should seek its own legal advice to determine when to take this view. For example it might wish to consider whether appropriate situations would be where:

• a majority of the houses are sub-standard;
• fewer than half the houses are sub-standard, but the local authority considers that these are significantly affecting values or marketability of existing or planned housing in the area. Local authorities should have evidence supporting this from professionals in housing values; or
• fewer than half the houses are currently sub-standard but there is evidence that this proportion is increasing.

3.25. By designating an HRA, the local authority can deal with sub-standard housing whether it requires work or demolition (see paragraph 3.56-3.88 on the HRA action plan for more information).

Criteria for an HRA - Amenity

s1(b)

3.26. If the appearance or state of repair of any houses is adversely affecting the amenity of an area, local authorities can designate that area as an HRA.

3.27. Chapter 2 provides more information on this criterion.

3.28. Potentially a local authority can designate an HRA if there is at least one house which it considers to be adversely affecting the amenity of the area. But if the problem relates to only a small number of houses, local authorities will want to consider whether designating an HRA on that locality is the most appropriate way to respond. There may be other ways to deal with it, for example through nuisance orders or other environmental health powers.

3.29. An HRA might be appropriate if there are quite a few houses in this situation, or if the local authority has been unable to deal with the houses by taking action against them individually in the past, rather than on an area basis. It would also give the local authority scope to pick up these sorts of issues when dealing with sub-standard housing in the same area, by setting up an HRA which can then tackle a range of problems, from sub-standard housing through to amenity issues.

3.30. An assessment of whether a house's appearance or state of repair is adversely affecting the amenity of the area may be quite subjective. Local authorities will want to ensure they have sufficient evidence to support their decisions. They will also want to consult residents from an early stage to ensure they take account of residents' views.

3.31. Local authorities should also ensure that they have sufficient evidence to support the decisions they have made. This might include, for example:

• comparison with other examples;
• professional opinion on value/marketability of houses in the locality, to show that the house in question is affecting this;
• if there are a number of neighbouring empty houses which might be attributed to the state of the house in question;
• professional opinion on the appearance of the house, for example from planners or surveyors; or
• relative impact of the house on the area. This could be shown using digital photography to show the current view and what the area would look after work on the house.

3.32. A local authority should be considering what the consequences would be if it did not designate an HRA on the grounds of amenity where it considers the area will decline and/or there will be increased market failure if nothing is done.

3.33. Local authorities can carry out, or assist with, work to any land or premises in a predominantly residential area under s95 of the Act. But they cannot use these powers in relation to any house, or any part of a building which can be occupied. For more information see Chapter 3 of Volume 5 Scheme Of Assistance.

How big is an HRA?

3.34. The Act does not specify the size of an HRA, other than to state that this should be a locality in the local authority's area. The authority should take account of this when deciding what to include in an HRA. In any case the HRA must contain a significant number of substandard houses or any houses which are adversely affecting the amenity of that locality.

3.35. Local authorities will want to consider what is most appropriate to deal with the poor quality housing they have identified. Factors might include what the problems are, and what resources are currently available to take the work forward.

3.36. If there are two or three closes in a row of tenements with the same problems then it might be appropriate to designate a single HRA that includes each of them. This might give a more coherent approach to the works being undertaken, especially if there are benefits or economies from doing works on all the tenements at the one time. For example, the HRA could require the improvement of all the back areas together, or enable scaffolding to the whole building so that other desirable works can be done more economically than would otherwise be the case. But the HRA cannot force owners to act together.

3.37. If, on the other hand, local authorities are looking to deal with housing across a large area which includes a variety of issues, they may decide that phasing several smaller HRAs over time would work better than a single large HRA.

3.38. The appropriate scale depends on the situation. It may not be practical to designate an HRA on a large urban area or an area smaller than a city block. But in a rural setting it may be appropriate to designate a geographically larger area as an HRA, if this allows concerted action to help deal with housing decline in a dispersed community. In all cases the local authority should consider whether the HRA will constitute a "locality".

3.39. Ultimately it will be the local authority's decision depending on what is practical. Local authorities will want to be working with people the HRA will affect, such as house owners, local businesses (if applicable) and the wider community, right from the start of the process to ensure support for whatever approach they take.

What can an HRA include?

s1

3.40. The HRA should be dealing with sub-standard housing or housing affecting the amenity of the area.

s69

3.41. An HRA can include non-residential premises. The HRA action plan can specify work or demolition to these premises. But it can do this only if the non-residential premises are in a building which contains sub-standard housing or housing which is affecting the amenity of the area. And the work or demolition must be necessary in order to deal with that housing. See Chapter 2 for information on non-residential premises, and paragraphs 3.56-3.87 for more information on the HRA action plan.

3.42. An HRA can also include entirely non-residential premises where these are part of the locality, or those in a building which does not contain sub-standard housing. But the action plan cannot specify any work or demolition for these premises, as the new powers will not apply to them. This is different to the previous powers where an HAA could only include buildings which contained houses that met the criteria to trigger an HAA - entirely non-residential premises could not be within an HAA.

3.43. Although the action plan cannot specify any work to entirely non-residential premises, local authorities will wish to consider what they and other agencies can do to promote the improvement and viability of such premises.

3.44. There might be housing in an HRA which is not sub-standard or affecting the amenity of the area. Again the HRA action plan will not specify any work or demolition to these buildings, unless it is necessary due to work on an adjacent property.

Other points to note

s6

3.45. Local authorities must take account of any directions which Scottish Ministers issue on identifying HRAs. These can be individual or general. There are no such directions as of [ insert date of publication of guidance]. We will publish any directions and incorporate this into the web version of this guidance.

HRA designation order

3.46. Once the local authority has identified an area as a possible HRA, it has to go through various stages of public consultation and consideration.

3.47. The following flowchart summarises this:

3.48. Local authorities will want to ensure there are resources and structures in place to manage the drafting, issuing notices, collating and considering responses to feed into modification of order.

Designation order

3.49. There is no standard form for an HRA designation order. But local authorities should consider the legislative requirements which s2 sets out for what the designation order should contain. Annex A provides a summary of these, and other points to consider around the designation order.

3.50. Local authorities can implement an HRA designation order only after Scottish Ministers have approved a draft order. And before they submit a draft to ministers, they must first provide a draft for public consultation (see paragraphs 3.88-3.94 for more information).

3.51. Local authorities will want to be speaking to owners and residents from an early stage in preparing the draft order for this consultation phase, given the potentially subjective nature of some of the elements. This may also reduce the number of future challenges to the order.

s2(1)

3.52. The designation order consists of a map highlighting the proposed HRA, and an action plan.

Map delineating the area

3.53. The 2006 Act refers to a "locality". In most cases it is likely that the local authority will be able to draw a continuous line around the area it is designating as an HRA. But it should confirm with its legal advisors that any area it designates fulfils the necessary criteria for an HRA.

3.54. See paragraphs 3.34-3.39 for discussion on the size of an HRA.

3.55. The map should be marked so that each house can be clearly identified and linked to the action plan. This would include each house the local authority has identified for work or demolition, and any non-residential premises within the same block as sub-standard housing. It could also include any non-residential premises or housing even if the action plan doesn't set out work for them, if the authority decides to take that approach (see Annex B).

HRA action plan

s3

3.56. The HRA action plan will identify each house in the area which requires action, either on the house or in relation to the house, and what that action is. This will form the basis for the notices local authorities will issue to each of those houses (see also paragraphs 3.117-3.121, and Chapter 4).

3.57. There is no standard form which local authorities must use for an HRA action plan. They should take account of the requirements for the plan which s3 of the Act sets out.

3.58. Paragraphs 3.60-3.85 below look in more detail at these requirements. Annex B provides a summary of these, and other points to consider around the action plan.

3.59. The information in the action plan will depend on the reasons for designating the HRA. The work set out may be to deal with sub-standard housing, housing affecting the amenity of the area, or any adjacent or associated properties.

Contents

s3 (2) (a), (b)

3.60. If a local authority designates an HRA to deal with sub-standard housing, the action plan will:

• identify which housing ought to be closed or demolished; and
• identify sub-standard housing and set out what work is needed to bring the housing up to, and keep it in, a reasonable state of repair.

3.61. The Act says that a house is not in a reasonable state of repair if it fails the tolerable standard. We have produced guidance on the tolerable standard ( Volume 4), which a house may not meet for a variety of reasons. This could be the result of poor maintenance or a lack of repair, or for other reasons such as the absence of satisfactory thermal insulation. Local authorities can use the HRA powers (and subsequent work notices - see Chapter 4) to require work to bring a house up to the tolerable standard, whether or not those works involve repair.

3.62. If the local authority designates an HRA to deal with housing which is affecting the amenity of the area, the action plan will identify housing which requires work to enhance the amenity of the area, and set out that work.

3.63. Once a local authority has designated a potential HRA, it can specify work to any houses in that area. For example, it might designate an HRA where there are houses affecting the amenity, and several (but not a significant number of) sub-standard houses. The action plan would set out work to address the amenity issues, but it could also include work to bring those few sub-standard houses up to a reasonable standard.

3.64. Paragraphs 3.67-3.84 provide more information on what the action plan should specify in terms of demolition or work. Local authority officers who are involved in designating the HRA will need to be aware of any listed buildings or Tree Preservation Orders in the area in case this affects what work can be undertaken. Any demolition or work to a listed building must be consistent with the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (available at www.opsi.gov.uk). See also Chapter 4 paragraphs 4.74-4.77 on enforcement of work and demolition notices.

s3 (2) (d)

3.65. The action plan should also describe the general effects of Part 15 of the 1987 Act, in terms of compensation payments in relation to BTS houses in certain circumstances.

s8

3.66. Local authorities have to take reasonably practicable steps to secure the implementation of the HRA action plan (see paragraphs 3.114-3.136 for further information on the implementation). The action plan must specify the period within which the local authority intends to achieve this.

Demolition

s3(2) (a) (i)-(iii)

3.67. An HRA action plan can identify a house for demolition because:

• it fails to meet the tolerable standard or is an obstructive building under Part 6 of the 1987 Act ;
• it is a dangerous building under section 29 of the Building (Scotland) Act 2003; or
• it is in a state of serious disrepair and ought to be demolished. This is a new power under the 2006 Act.

3.68. It would be good practice for the HRA action plan to set out the reasons for identifying the house for demolition, including reference to which legislation the local authority is using. Local authorities can only demolish housing in an HRA for one of these reasons. If an authority wants to demolish a property for redevelopment and none of these reasons apply, it is likely that they will need to consider compulsory purchase using separate powers.

3.69. The new power under the 2006 Act lets a local authority designate a house for demolition because it is in a state of serious disrepair. An authority will want to ensure that it has evidence to support its decision that the house ought to be demolished rather than have works done to repair it.

3.70. For example, the local authority might decide to consider the costs of the work. It may be more cost effective to demolish the property, if the cost of the necessary work would be significantly more than the value of the house after the work had been done (see also demolition notices in Chapter 4 ).

s3(2) (c)(i)

3.71. The action plan should also set out any standard for the demolition. This can include any standard for clearing the site of the demolished house.

3.72. It will be up to the local authority to determine what this standard should be.

Work

3.73. An HRA action plan can set out any maintenance, repair and improvement works to housing identified in the area as being sub-standard or adversely affecting the amenity of the area. It can also specify work to any house adjacent to, or otherwise associated with, a house which the plan identifies.

3.74. The action plan should set out what work is needed. It will be good practice for the local authority to make reference to the reason for designating the HRA (as paragraph 3.7) when deciding what work to specify. For example, if a house is adversely affecting the amenity of the area then the work should be in relation to its appearance or state of repair, as these are the triggers in relation to amenity that are given in the Act.

3.75. The action plan should also set out any standard which the house must meet on completion of the work. It will be up to local authorities to determine what these standards are. For example the authority might want to use standards they apply to their own properties, such as in relation to maintenance of grounds.

3.76. Local authorities should also take account of our guidance on the tolerable standard ( Volume 4) when setting out any standards, since houses must at least meet the tolerable standard on completion of the work (see Chapter 2 paragraphs 2.17-2.20).

3.77. See Volume 1 Chapter 3 for more information on the link to SHQS.

3.78. The local authority can also specify how to complete the work by setting out in the action plan any steps to be taken to carry out the work. For example, if the plan requires work to prevent penetration of water through a flat roof, it might also specify the removal and replacing of the roof material to British Standard or Building Regulations.

3.79. The action plan can also include works for improving the safety and security of any houses or person, reducing the long-term maintenance costs of any houses, or enhancing amenity.

Sub-standard housing as reason for HRA

3.80. The action plan can include work to non-residential premises in a building which contains sub-standard housing or housing whose appearance or state of repair is affecting the amenity of the locality. But it can only specify work to the non-residential premises which is needed in order to address the problem with the housing.

3.81. The Act does not fully define "reasonable state of repair". However, a local authority cannot consider a house which is BTS to be in a reasonable state of repair. Therefore, the work which the action plan specifies must at least bring the house up to the tolerable standard. It will be up to local authorities to determine what other factors to consider when assessing whether a house is in a reasonable state of repair. See also Chapter 4 on work notices .

Appearance or state of repair adversely affecting amenity of area

3.82. The action plan will identify the housing and what work is needed to it to enhance the amenity of the area.

3.83. The local authority will have identified the housing as affecting the amenity of the area because of its appearance or state of repair (see Chapter 2 for more information). The plan should therefore set out work to address these issues .

3.84. The purpose of the powers is to deal with housing which is affecting the amenity of an area. It is not to enable local authorities to enhance the amenity of an area as a whole, for example by asking owners to contribute to the development of a play park on a currently unoccupied piece of waste land. Local authorities may wish to consider other regeneration schemes if this is the outcome they are looking for.

3.85. Local authorities may wish to take account of stakeholders' views when identifying houses under this category. They will also want to ensure that they have sufficient, appropriate evidence to support their decision.

Variation of designation order

s4 (4)

3.86. Once an HRA designation order is in force, local authorities can vary it at any time if the change is unlikely to significantly adversely affect anyone.

s4 (1), (3)

3.87. They can also vary it on the request of the owner of any house which the action plan identifies. But in this situation they can only vary the action plan part of the order, and only in relation to that house. For more information see paragraphs 3.106-3.109.

Consideration of drafts of order

Public consultation and notification to owners

Sch 1

3.88. The first stage of considering the draft order is a period of public consultation, of a minimum 3 months. Local authorities must notify owners and occupiers of the draft order and ensure it is available for them to access. Authorities will probably find it beneficial to liaise with owners/residents etc even before this formal consultation phase. Communities Scotland has developed the National Standards for Community Engagement ¹⁰, which should assist local authorities.

3.89. Annex E contains further information on how to notify owners. Information must be accessible both in terms of language and where that information is available. Local authorities should also provide information in at least two newspapers available in the area. In addition they can notify owners in any other manner which seems appropriate, for example by advertising it in local libraries, community centres, supermarkets or on their websites.

3.90. Annex E sets out the minimum requirements for who should receive notice. Where houses in an HRA are flats or tenements, it would be good practice for the notice to suggest that owners also forward a copy of it to the property manager (factor), where there is one, since they are likely to have a role to play in the implementation of works. Or local authorities might decide to send notice to property managers directly, where they are aware of them, in addition to the statutory requirements for serving notice.

Sch 1, 1 (2) (a)

3.91. The notice must set out where the public can view a copy of the draft order. There should not be a charge for this.

Sch 1, 1 (2) (b)

3.92. It must also set out how the local authority will apply its Scheme of Assistance arrangements to the implementation of the HRA. Local authorities should consider HRAs when setting out their public statement about the availability and amount of assistance (see also Chapter 2).

Sch 1, 1 (2) (c)

3.93. The notice must also specify the length of the consultation (minimum of 3 months).

Sch 1, 1 (1) (b); 4

3.94. If the action plan identifies work to a listed building, the local authority must also notify the planning authority of the HRA it is proposing, where the local authority is not the planning authority.

Modification of draft designation order

Sch 1, 1 (3), (4), (5)

3.95. The next step after the public consultation will be for local authorities to consider any responses they have received. They can modify the order in any way they see fit, other than extending the area of the proposed HRA, before deciding whether or not to submit the draft order to Ministers.

Sch 1, 1 (3) (b), (6)

3.96. Local authorities should notify owners and occupiers of this decision. Annex E provides more information on how to notify them. The notification should also describe the general effect of any modifications to the draft order which are significant.

Scottish Ministers

Sch 1, 2 (1)

3.97. The local authority should submit its draft designation order to Scottish Ministers, who will acknowledge receipt of the order before considering it.

Sch 1, 2 (2)

3.98. Scottish Ministers will either approve or reject the order. They can choose to consult with anyone they think appropriate before deciding this.

Sch 1, 2 (3), (4), (5)

3.99. They can modify the draft order, with the following constraints:

• they cannot extend the proposed area for the HRA;
• they cannot change it to mark a house for demolition which the local authority had not so marked in its draft order; and
• they will need to consult with the planning authority before modifying the plan in relation to any listed building.

Sch 1, 2 (2)

3.100. Scottish Ministers must give notice to the local authority once they have made their decision.

Designation of HRA

3.101. An HRA designation order is made by the local authority if Scottish Ministers decide to approve it, with or without modification, and if the local authority still wishes to proceed.

3.102. The local authority can choose not to proceed with an HRA at this stage. For example, the local authority may not wish to proceed with an HRA which Scottish Ministers have modified, or it may no longer have sufficient resources to commit to an HRA.

Sch 1, (3) (1), (2)

3.103. If the local authority does decide to progress with the HRA, an authorised signatory should sign the designation order on behalf of the authority, at which point the order is made. Local authorities must give notice of this to the owners and occupiers of each house in the HRA (see Annex E for more information). The notice should also describe the general effect of the HRA designation order.

Sch 1 (3)(2) (b) Part 2

3.104. The notice should include a statement of how the local authority will support owners of the houses which the plan identifies under the Scheme of Assistance. Part 2 of the Act states that local authorities must provide assistance to owners where the local authority has served a work notice on their property. The Act also requires the local authority to publish a statement of its criteria for when and how it uses its assistance powers, and the statement in the notice of designation should refer to this.

Sch 1, (3) (2)

3.105. The notice should also specify where the public can access a copy of the designation order so long as it remains in force. The local authority can determine how and where this is done, provided that it is satisfied that it is reasonably obtainable.

Variation of HRA designation order

s4

3.106. Local authorities can vary the designation order under two circumstances:

• if the owner of a house asks them to. But they can only vary the action plan, and any such variation may only affect the house belonging to that owner. Before making any variation, the local authority must consult with the owner and any other person who the variation might affect.
• if the local authority thinks that the variation will not significantly adversely affect anyone. Local authorities can make this sort of variation at any time.

s4 (5)

3.107. If a local authority decides to vary the HRA designation order, it must notify any persons affected or anyone else appropriate. The notice should describe the general effect of the variation, and state where and when copies of the revised designation order will be available. The local authority should ensure that this is reasonably obtainable.

3.108. Annex E provides more information on serving notices .

s4 (3)

3.109. Local authorities may not vary any other part of the HRA designation order in response to a request from an owner.

Revocation of HRA designation order

s5 (1)

3.110. The local authority must revoke the HRA designation order when the action plan has been fully implemented. It must also revoke it if the Scottish Ministers instruct it to do so.

s5 (2)

3.111. The local authority can also revoke a designation order at any time if it thinks it is no longer appropriate due to a change in circumstances. Scottish Ministers must agree to such a revocation.

s5 (4)

3.112. In any case local authorities must notify anyone who the revocation affects.

s5 (3)

3.113. If a local authority revokes an HRA designation order, any work notice which it has served to implement the action plan will also cease to have effect. See also Chapter 4 on work notices.

Implementation of an HRA

3.114. The action plan identifies the houses in the HRA which require work or demolition, and gives details of what that will involve. It may be that owners carry out this work at some point during the consideration of the HRA designation order.

3.115. Where this is not the case, local authorities can serve notices on owners of houses and non-residential premises which the HRA action plan identifies, to implement that plan. They can serve notices once the HRA designation order has been made.

Part 2

3.116. Local authorities must provide assistance under their Scheme of Assistance where they serve work notices on owners. But there is no mandatory requirement to provide grants to anyone they serve a notice on.

Work notices

s30

3.117. Local authorities can serve a work notice to require the owner of a house to carry out the work to the house which the action plan sets out. A work notice in this situation may require a greater range of work than a notice relating to a house outside an HRA could specify. Chapter 4 provides further information on work notices.

Demolition notices

3.118. Paragraph 3.67 sets out the circumstances where local authorities can designate a house in an HRA for demolition.

s33

3.119. Where the local authority identifies a house in an HRA for demolition because it is in a state of serious disrepair, the local authority can serve a demolition notice under the 2006 Act. Chapter 4 provides further information on demolition notices.

3.120. If the local authority identifies a house for demolition under Part 7 of the 1987 Act, it should serve a closing or demolition order and may serve suspension and revocation orders where the owner carries out improvements. The provisions in section 114 to 117 of the 1987 Act that govern these processes remain in force.

3.121. If a local authority applies section 29 of the Building (Scotland) Act 2003, it should serve a dangerous building notice under that Act.

Carrying out works or demolition

3.122. Owners may arrange to carry out the work set out in the HRA action plan and notices themselves. Local authorities should consider what support they will provide to owners. They must offer support through the Scheme of Assistance where they have served work notices, although they cannot use the Scheme to help with demolition notices. The HRA designation order will have described what assistance the local authority will provide (see paragraph 3.104).

s55

3.123. Local authorities can also do the work, or arrange for it to be done, on behalf of the owner, if the owner agrees. The owner would be liable for the costs of this work (see Annex G on Recovery Of Expenses).

s60

3.124. Owners can ask the local authority to issue a certificate to confirm that the work has been done to the house. If the local authority has done the work on the owners' behalf, they must repay the local authority before it can grant a certificate. See also Chapter 4 on work and demolition notices.

s35

3.125. The action plan and notices will give a date for completion of the works. Where the owner fails to carry out the work by the specified date, local authorities have powers to do the work themselves and recover the costs from the owner. See Chapter 4 for more information on enforcement of work and demolition notices.

Duty to re-house displaced residents

s9

3.126. Where an action plan identifies a house for work or demolition, this might permanently displace a person from their living accommodation. If this was that person's only or main residence on the day on which the local authority gave notice of the HRA designation order, the local authority must ensure that the person is provided with suitable alternative living accommodation, if the person asks them to.

3.127. The local authority does not necessarily have to provide the alternative accommodation from its own housing stock.

s9 (2) (a)

3.128. Local authorities should ensure that the accommodation provided is on reasonable terms and is suitable. They should consider whether it is suitable for the person being displaced and any other person who would have been living there as their main residence when the designation order was made had they not been working or studying elsewhere.

3.129. Authorities should ensure that occupiers are aware of their right to suitable alternative accommodation.

s9 (2) (b)

3.130. As far as practicable the accommodation should also be close to where the previous accommodation was.

3.131. Authorities should include any equalities considerations when identifying the suitability of alternative accommodation.

3.132. Chapter 4 paragraphs 4.63-4.69 provide information on temporary displacement of residents due to the implementation of work or demolition notices.

Other obligations

s8 (1), (2)

3.133. Local authorities are responsible for taking practical steps to ensure the implementation of an HRA. For each house which the action plan identifies, the local authority must inform the owner and occupier about the way in which it intends to secure the implementation of the plan.

s8 (2)

3.134. Local authorities must also give owners and occupiers progress reports about the implementation of the plan from time to time.

3.135. It will be important that the local authority keeps owners and occupiers up to date with the progress of the works. Local authorities might want to consider circulating a timetable covering some of the key phases, for example:

• when they will be sending out notices specifying work or demolition;
• what the proposed period will be for completing that work;
• the next stages for enforcement of notices if owners miss the deadlines for completion; and
• dates and places for circulating further updates.

3.136. Local authorities should also consider how they will monitor and react to the progress of the implementation of the action plan against the objectives and timescales.