Volume 3
Introduction
1. Owners are responsible for looking after their properties. The Housing (Scotland) Act 2006 gives local authorities new and updated powers to enable them to take action where owners are not fulfilling these responsibilities.
2. In all cases it would be good practice for local authorities to contact owners as soon as they identify a problem. This will ensure that owners are aware of the issue, and in some cases this might be enough to encourage owners to act.
3. If the local authority takes statutory action under the 2006 Act, it should be aware of any requirements to provide support under its Scheme of Assistance.
4. Local authorities should ensure that they eliminate unlawful discrimination and promote equality of opportunity. They should observe the requirements of relevant equalities legislation at all times when exercising the new powers under the Act.
Housing Renewal Areas and Repair, Improvement and Demolition
5. Under the 2006 Act, local authorities can designate a Housing Renewal Area ( HRA) where there is a significant number of sub-standard houses, or any house is adversely affecting the amenity of the area. They will also be able to serve a work notice on any house which is sub-standard, whether or not it is within an HRA. A house will be sub-standard if it is below the tolerable standard, in a state of serious disrepair, or in need of repair and likely to deteriorate rapidly or cause damage to other premises if nothing is done to repair it.
6. We have produced separate guidance on the new HRA and work notice powers ( Volume 2) We have also produced guidance on the tolerable standard ( Volume 4). These will be available via our website, www.communitiesscotland.gov.uk.
Maintenance
7. In addition to HRAs and work notices, the Act introduces new powers for local authorities to deal with houses in the private sector which owners have not maintained, or are unlikely to maintain, to a reasonable standard. This will help local authorities to intervene before a house becomes sub-standard.
8. A local authority can serve a maintenance order on the owner of a house. The order requires the owner to develop a maintenance plan for the property, for up to a five year period. The local authority will be able to step in to enforce that plan, if the owner fails to carry out the maintenance which the plan sets out. It will also be able to recover the costs from the owner.
9. The Act also gives local authorities a new power to pay money into maintenance accounts in certain circumstances.
10. This document provides guidance on these maintenance powers which Chapter 6 of the Act introduces. We have developed this guidance in conjunction with a Project Advisory Group. Details of the membership are available in Volume 1, and you can access notes of the meetings via our website, at www.communitiesscotland.gov.uk/stellent/groups/public/documents/webpages/cs_016362.hcsp.
Structure of this guidance
11. There are five main chapters in this guidance:
1. What Is "Maintenance"?
2. Maintenance Order
3. Maintenance Plan
4. Carrying Out The Maintenance Plan
5. Maintenance Accounts
12. There are two annexes which provide some advice to local authorities if they decide to produce templates:
Annex A Considerations For Designing A Maintenance Order
Annex B Considerations For Designing A Maintenance Plan
13. And there are a further three annexes which look at some more technical requirements of the Act in relation to the maintenance powers:
Annex C Service Of Documents
Annex D Appeals
Annex E Recovery Of Expenses And Repayment Charges
14. Paragraphs 5.4 to 5.8 and 5.21 to 5.40 of Chapter 5 are statutory guidance (relating to powers under s50 of the Act). Local authorities must have regard to this guidance when using their powers to pay missing shares into maintenance accounts.
15. The rest of this guidance is non-statutory/advisory. Local authorities do not need to have regard to these chapters, but we have developed it to support them in their implementation of the new maintenance powers.
16. Chapters 2 to 5 are divided into two parts:
- The first part of each chapter provides an overview of the legislative requirements set out in the Act, with references to the appropriate sections of the legislation in the left hand margin. But the local authority should seek its own legal advice to ensure that it is implementing the requirements of the Act, and should not rely solely on what this guidance sets out.
- The second part of each chapter makes good practice suggestions, or highlights some policy issues which each local authority will want to think about when implementing the Act. These parts take account of feedback from local authority representatives who attended events we held in June 2007 to discuss the new maintenance powers. More information on these events is available via our website at www.communitiesscotland.gov.uk/stellent/groups/public/documents/webpages/cs_019743.hcsp.