PART IV SUB-STANDARD HOUSES
The tolerable standard
85 General duty of local authority in respect of houses not meeting tolerable standard.
1
It shall be the duty of every local authority to secure that all houses in their district which do not meet the tolerable standard are closed, demolished or brought up to the tolerable standard within such period as is reasonable in all the circumstances.
2
In determining what period is reasonable for the purposes of subsection (1), regard shall be had to alternative housing accommodation likely to be available for any persons who may be displaced from houses as a result of any action proposed by the local authority in pursuance of that subsection.
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86 Definition of house meeting tolerable standard.
1
Subject to subsection (2), a house meets the tolerable standard for the purposes of this Act if the house—
a
is structurally stable;
b
is substantially free from rising or penetrating damp;
c
has satisfactory provision for natural and artificial lighting, for ventilation and for heating;
F4ca
has satisfactory thermal insulation;
d
has an adequate piped supply of wholesome water available within the house;
e
has a sink provided with a satisfactory supply of both hot and cold water within the house;
f
has a water closet F6or waterless closet available for the exclusive use of the occupants of the house and suitably located within the house;
F1fa
has a fixed bath or shower and a wash-hand basin, each provided with a satisfactory supply of both hot and cold water and suitably located within the house;
g
has an effective system for the drainage and disposal of foul and surface water;
F5ga
in the case of a house having a supply of electricity, complies with the relevant requirements in relation to the electrical installation for the purposes of that supply;
“the electrical installation” is the electrical wiring and associated components and fittings, but excludes equipment and appliances;
“the relevant requirements” are that the electrical installation is adequate and safe to use;
h
has satisfactory facilities for the cooking of food within the house;
i
has satisfactory access to all external doors and outbuildings;
F10j
has satisfactory equipment installed for detecting, and for giving warning of, fire or suspected fire;
k
has satisfactory equipment installed for detecting, and for giving warning of, carbon monoxide present in a concentration that is hazardous to health,
and any reference to a house not meeting the tolerable standard or being brought up to the tolerable standard shall be construed accordingly.
F21A
In construing any such reference, regard shall be had to any guidance issued by the Scottish Ministers.
1B
The Scottish Ministers must issue the guidance in such manner as they consider appropriate for bringing it to the notice of local authorities and other persons with an interest.
1C
The Scottish Ministers may vary or revoke any such guidance.
2
The Secretary of State may by order vary or extend or amplify the criteria set out in the foregoing subsection either generally or, after consultation with a particular local authority, in relation to the district, or any part of the district, of that authority.
F32A
An order under subsection (2) is to be made by statutory instrument, and no such order is to be made unless a draft of the order has been laid before and approved by resolution of the Scottish Parliament.
3
This section shall be without prejudice to section 114 (certain underground rooms to be treated as houses not meeting the tolerable standard).
87 Official representation that house does not meet tolerable standard.
1
The proper officer of the local authority may make an official representation to the authority whenever he is of opinion that any house in their district does not meet the tolerable standard.
2
A local authority shall as soon as may be take into consideration any official representation which has been made to them.
3
Every representation made in pursuance of this section by the proper officer of the local authority shall be in writing.
Improvement order
F888 Improvement of houses below tolerable standard outside housing action areas.
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Housing action areas
F889 Declaration of housing action areas for demolition.
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F890 Declaration of housing action areas for improvement.
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F891 Declaration of housing action areas for demolition and improvement.
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F892 Provisions supplementary to sections 89 to 91.
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F893 Consent to demolition of listed buildings, rehabilitation orders and compensation.
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Powers of Secretary of State
F894 Functions of Secretary of State, and duty of local authority to publish information.
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Powers of local authority
F895 Further procedure, powers of local authority on acquisition of land, compensation and agricultural holdings.
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F896 Power of local authority to retain houses subject to demolition for temporary occupation.
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F897 Local authority may control occupation of houses in housing action area.
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F898 Obligation of local authorities in relation to rehousing in housing action areas.
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Landlords and tenants in housing action areas
F899 Application to sheriff for possession where house is identified in accordance with paragraph 1(1) of Schedule 8 as read with section 92(4)(a).
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F8100 Application to sheriff for possession where house is identified in accordance with paragraph 1(1) of Schedule 8 as read with section 92(4)(c).
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F8101 Application to sheriff for possession where house is identified in accordance with paragraph 1 of Schedule 8 as read with section 92(4)(b).
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F8102 Procedure; and application of s.103(1) of Rent (Scotland) Act 1984.
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F8103 Certain provisions of Rent (Scotland) Act 1984 not to apply.
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F8104 Effect of refusal to make order on validity of resolution.
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Miscellaneous
F8105 Exclusion of houses controlled by Crown.
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F8106 Power of local authority to arrange for the execution of works of improvement by agreement with the owner.
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107 Conditions may be attached to sale of below-standard local authority houses.
Where a house on land acquired or appropriated by a local authority for the purposes of Part I lacks one or more of the standard amenities F7(within the meaning given by section 73(6) of the Housing (Scotland) Act 2006 (asp 1)) or does not meet the tolerable standard, the local authority may make the sale by them of that house conditional on the purchaser providing the house with the standard amenities which it lacks or bringing the house up to the tolerable standard.