UK Act of Parliament 2006 Scotland

Housing (Scotland) Act 2006

An Act of the Scottish Parliament to make provision about housing standards; to confer a right to adapt rented houses to meet the needs of disabled occupants; to provide for the giving of assistance by local authorities in connection with work carried out in relation to houses; to require certain …

Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 5 of 77 obligations carry a fine up to £1,000. 8 carry different penalties and 64 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person16 Landlord15 Applicant2 Director or Officer1

Plus 43 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Landlord — also bound by 224 other Acts
Applicant — also bound by 307 other Acts
Director or Officer — also bound by 429 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Housing standards

32 of 79 sections shown
s.002 Housing renewal areas: procedure (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must follow specific procedures when designating an HRALocal authority
s.003 HRA action plans (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must create and publish HRA action plans for housing improvementLocal authority
s.004 Variation of HRA designation order (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must consult and notify regarding HRA order variationsLocal authority
s.005 Revocation of HRA designation order (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must revoke Housing Renewal Area designations and notifyLocal authority
s.006 Directions concerning identification of housing renewal areas (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must follow Scottish Ministers' directions on housing renewalLocal authority
s.007 Public access to HRA designation orders (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must provide public access to HRA designation ordersLocal authority
s.008 Implementation: duties of local authority (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must implement HRA action plans and update ownersLocal authority
s.009 Duty to rehouse displaced residents (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must rehouse residents displaced by HRA action plansLocal authority
s.012 Tenancies to which repairing standard duty applies (opens in a new tab) Regulated
  • Check if your Scottish tenancy must meet the Repairing StandardLandlord
s.014 Landlord's duty to repair and maintain (opens in a new tab) Regulated
  • Ensure rental properties meet and maintain the repairing standardLandlord
s.015 Application of duty in relation to flats etc. (opens in a new tab) Regulated
  • Maintain common parts of flats to the Repairing StandardLandlord
s.019 Pre-tenancy inspection (opens in a new tab) Regulated
  • Inspect property and notify tenant before tenancy startsLandlord
s.019 Duty to ensure regular electrical safety inspections Regulated
  • Ensure regular electrical safety inspections for rental propertiesLandlord
s.019 Electrical safety inspections Regulated
  • Ensure electrical inspections are conducted and recorded by a competent personLandlord
s.020 Tenant's right to information about landlord's duty (opens in a new tab) Regulated
  • Provide tenants with written information about their rightsLandlord
s.022 Information to be given to local authority Regulated
Other duties (1) — Crown / regulator
  • Tribunal must notify local authority of repairing standard applicationsTribunal / Court
s.024 Determination by the First-tier Tribunal (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunal must determine if a landlord has met the repairing standardTribunal / Court
s.026 Effect of failure to comply with repairing standard enforcement order (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunal must decide if a landlord complied with an enforcement orderTribunal / Court
s.028 The repairing standard: offences (opens in a new tab) Prosecution
  • Fail to comply with repairing standard orderLandlord

Fine up to £1,000

s.028 First-tier Tribunal Member to arrange suitable time for access Regulated
Other duties (1) — Crown / regulator
  • Tribunal must arrange and notify a suitable time for landlord property accessTribunal / Court
s.030 Work notices (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority may issue a work notice for sub-standard housingLocal authority
s.031 Suspension of work notice (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority may suspend or lift work notices for health reasonsLocal authority
s.032 Revocation of work notice (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must notify you if a work notice is cancelledLocal authority
s.033 Demolition notices (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority may require demolition of serious disrepair housingLocal authority
s.034 Extension of period for completion of work or demolition (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority may extend deadlines for work or demolition noticesLocal authority
s.037 Evacuation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must issue evacuation notices for dangerous worksLocal authority
s.039 Unlawful occupation etc. (opens in a new tab) Imprisonment
  • Occupy premises after evacuation requirementAny Person
s.043 Maintenance plans (opens in a new tab) Regulated
  • Ensure maintenance plans contain required technical and financial detailsLandlord
s.048 Implementation of maintenance plans (opens in a new tab) Regulated
  • Implement house maintenance plansLandlord
s.052 Right to adapt rented houses (opens in a new tab) Regulated
  • Respond to tenant requests for disability or energy efficiency adaptationsLandlord
s.053 Matters relevant to application to carry out work under section 52 (opens in a new tab) Regulated
  • Consider disabled tenants' adaptation requests and decide reasonablyLandlord
s.057 Obstructions etc. (opens in a new tab) Prosecution
  • Fail to comply with obstruction orderAny Person

Fine up to £1,000

47 other sections in this Part — procedural and definitional
s.020 Power to modify repairing standard etc.
s.023 Delegation of Chamber President’s functions
s.028 Landlord application to the First-tier Tribunal
s.028 Landlord application to the First-tier Tribunal: further provision
s.066 Appeals in relation to section 52
Part 2

Scheme of assistance for housing purposes

6 of 27 sections shown
s.072 Guidance about availability and amount of assistance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must publish guidance on housing assistance criteriaLocal authority
s.081 Notification of decisions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must notify you of housing grant or loan decisionsLocal authority
s.083 Conditions applicable on completion of work (opens in a new tab) Regulated
  • Comply with usage and repair conditions after receiving housing grantsLandlord
s.087 Calculation of amount to be paid on breach of conditions (opens in a new tab) Regulated
  • Repay grants or loans with interest if funding conditions are breachedApplicant
s.088 Limitation on further grant and loan applications (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must limit repeat grants and loans for the same workLocal authority
s.089 Grant and loan applications: offences (opens in a new tab) Prosecution
  • Submit false grant/loan application or fail to notify changesAny Person

Fine up to £1,000

21 other sections in this Part — procedural and definitional
Part 3

Provision of information on sale of house

22 of 22 sections shown
s.098 Duty to have information about a house which is on the market (opens in a new tab) Regulated
  • Possess required documents before marketing a houseAny Person
s.099 Duty to provide information to potential buyer (opens in a new tab) Regulated
  • Provide home information documents to potential buyers upon requestAny Person
s.101 Other duties of person acting as agent for seller (opens in a new tab) Regulated
  • Possess home reports before starting pre-market activitiesAny Person

amended 1 time (opens in a new tab)

s.103 Duty to ensure authenticity of documents held under section 98 or 101 (opens in a new tab) Regulated
  • Ensure Home Report documents provided to buyers are authenticAny Person

amended 1 time (opens in a new tab)

s.106 Responsibility for marketing: general (opens in a new tab) Regulated
  • Direct potential buyers to your agent for property marketing documentsLandlord

amended 1 time (opens in a new tab)

s.109 Enforcement authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must enforce housing information and sale requirementsLocal authority

amended 1 time (opens in a new tab)

s.110 Power to require production of prescribed documents (opens in a new tab) Regulated
  • Produce house-related documents for inspection upon requestAny Person

amended 1 time (opens in a new tab)

s.112 Offences relating to enforcement officers (opens in a new tab) Prosecution
  • Obstruct or impersonate an enforcement officerAny Person

Unlimited fine · amended 1 time (opens in a new tab)

s.117 Notification of breach of duty (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must notify national regulators of agent breaches or penaltiesLocal authority

amended 3 times (opens in a new tab)

Part 4

Tenancy deposits

4 of 4 sections shown
Part 5

Licensing of houses in multiple occupation

45 of 45 sections shown
s.129 Preliminary refusal: breach of planning control

amended 1 time

s.130 Suitability of applicants and agents (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must refuse HMO licences for unsuitable applicants or agentsLocal authority

amended 1 time (opens in a new tab)

s.131 Overprovision

amended 3 times

s.143 Temporary exemption orders: requirement to improve safety or security (opens in a new tab) Regulated
  • Carry out safety or security works required by a temporary exemption orderLandlord

amended 1 time (opens in a new tab)

s.144 Suspension of rent etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority may stop rent payments for unlicensed or unsafe HMOsLocal authority

amended 1 time (opens in a new tab)

s.147 HMO amenity notices: relevant matters (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must consider specific standards before issuing HMO noticesLocal authority

amended 1 time (opens in a new tab)

s.148 HMO amenity notices: revocation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority may revoke an HMO amenity noticeLocal authority

amended 1 time (opens in a new tab)

s.149 HMO amenity notices: extension of period for completion of work (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority may extend the deadline for HMO amenity worksLocal authority

amended 1 time (opens in a new tab)

s.153 Obstructions etc. (opens in a new tab) Prosecution
  • Obstruct another person from carrying out housing dutiesAny Person

Fine up to £1,000 · amended 2 times (opens in a new tab)

s.154 Offences relating to HMOs (opens in a new tab) Prosecution
  • Fail to obtain required HMO licenceAny Person

Fine up to £50,000 · amended 1 time (opens in a new tab)

s.159 Part 5 appeals (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Sheriff and Sheriff Principal must determine HMO licensing appealsTribunal / Court

amended 3 times (opens in a new tab)

s.160 HMO register (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must maintain a public register of HMO licencesLocal authority

amended 1 time (opens in a new tab)

s.165 Agents (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must notify agents of HMO licensing noticesLocal authority

amended 1 time (opens in a new tab)

Part 6

Mobile homes

5 of 5 sections shown
Part 7

Repayment charges

5 of 5 sections shown
Part 8

Miscellaneous

6 of 6 sections shown
Part 9

Rights of entry

4 of 4 sections shown
s.181 Rights of entry: general (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority may enter premises for inspections and enforcementLocal authority

amended 17 times (opens in a new tab)

s.184 Rights of entry: supplemental (opens in a new tab) Prosecution
  • Prevent or obstruct entry authorised by a warrantAny Person

Fine up to £1,000 · amended 2 times (opens in a new tab)

Part 10

General and supplementary

9 of 11 sections shown
Schedules

Schedules

12 of 68 shown
s.002 The First-Tier Tribunal : procedure etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunal must notify landlords of applications and set response deadlinesTribunal / Court
s.005 HMO amenity notices: enforcement etc. (opens in a new tab) Imprisonment
  • Occupy premises after a compulsory evacuation noticeAny Person
s.sch001 Housing renewal areas: procedure (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must consult and notify before designating Housing Renewal AreasLocal authority
s.sch001 (1) Where a local authority proposes to designate any locality... Regulated
Other duties (1) — Crown / regulator
  • Local authority must give notice of proposed Housing Renewal AreaLocal authority
s.sch001 (1) The local authority must, as soon as practicable after... Regulated
Other duties (1) — Crown / regulator
  • Local authority must notify owners, occupiers, and public about HRA designation ordersLocal authority
s.sch002 (1) On receipt of a referral of a tenant’s application... Regulated
Other duties (1) — Crown / regulator
  • Tribunal must notify you of application details and set a deadline for your responseTribunal / Court
s.sch002 The First-tier Tribunal must, where the application relates to the... Regulated
Other duties (1) — Crown / regulator
  • Tribunal must consult Scottish Fire and Rescue on repair standard casesTribunal / Court
s.sch004 (1) A “notice of HMO application” is a notice which—... Regulated
  • Display HMO application notice for 21 days and certify complianceApplicant
s.sch004 (1) This paragraph applies where the local authority considers, on... Regulated
Other duties (1) — Crown / regulator
  • Council must waive HMO neighbour notification if access rights lacking or safety at riskLocal authority
s.sch004 (1) Before determining an application for an HMO licence, the... Regulated
Other duties (1) — Crown / regulator
  • Council must consider all submissions before deciding on an HMO licenceLocal authority
s.sch005 (1) A person commits an offence if the person, knowing... Imprisonment
  • Knowingly occupy or allow occupation of restricted premisesAny Person
s.sch005 The local authority must keep a written record of each... Regulated
Other duties (1) — Crown / regulator
  • Local authority must keep records of HMO amenity noticesLocal authority
56 other schedules
s.sch001 Housing renewal areas: procedure
s.sch001 A building falls within this paragraph if it is—
s.sch002 (1) The First-tier Tribunal may, in considering an application, make...
s.sch002 (1) The First-tier Tribunal may, for the purposes of making...
s.sch002 (1) The Scottish Ministers may pay to any person such...
s.sch002 (1) This paragraph applies to any decision of the First-tier...
s.sch002 (1) A tenant may withdraw an application under section 22(1)...
s.sch002 (1) The Scottish Ministers may by regulations make further provision...
s.sch003 A penalty charge notice given to a person under section...
s.sch003 The penalty charge specified in the notice must be the...
s.sch003 (1) The period specified under paragraph 1(c) must—
s.sch003 (1) If, within the period specified under paragraph 1(c) (or...
s.sch003 (1) If after a review the penalty charge notice is...
s.sch003 If the penalty charge notice is withdrawn or quashed, the...
s.sch003 (1) The amount of the penalty charge is recoverable from...
s.sch003 In proceedings for the recovery of the penalty charge, a...
s.sch004 (1) An application for an HMO licence must be written...
s.sch004 (1) A written representation about an application for an HMO...
s.sch004 (1) The local authority may make such inquiries about the...
s.sch004 (1) The local authority must give the applicant a copy...
s.sch004 (1) The local authority may decide to hear oral representations...
s.sch004 (1) The local authority must decide whether to grant or...
s.sch005 (1) If the owner of living accommodation fails to comply...
s.sch005 (1) Where the local authority— (a) is authorised by this...
s.sch005 (1) Where an occupant has not complied with a requirement...
s.sch005 (1) This paragraph applies to a building which is—
s.sch005 (1) The local authority may recover any expenses it incurs...
s.sch005 (1) A person who is required to carry out work...
s.sch006 A reference in any previous enactment to “standard amenities” within...
s.sch006 In section 107, after “amenities”, where it first occurs, insert...
s.sch006 In section 308(1), for the words from “sections” to “8”...
s.sch006 In section 311(1), for paragraph (b) substitute—
s.sch006 In section 313(3), for the words from “may,” to the...
s.sch006 In section 338(1), for the definition of “disabled person” substitute—...
s.sch006 In paragraph 1 of Schedule 9, for “sections 108(3), 131(2)...
s.sch006 In the Housing (Scotland) Act 1988, for “rent assessment”, in...
s.sch006 In paragraph 59 of Schedule 1 to the Tribunals and...
s.sch006 In section 1 of the Home Energy Conservation Act 1995,...
s.sch006 In paragraph 5 of schedule 3 to the Scottish Public...
s.sch006 For paragraph 1A of the Schedule to the Crofters Holdings...
s.sch006 Section 24 (duty to keep building standards register) of the...
s.sch006 In subsection (1)— (a) the word “and” which follows paragraph...
s.sch006 In subsection 2(a), for “(c)” substitute “ (d) ”.
s.sch006 In section 78(5)(a) of the Fire (Scotland) Act 2005, for...
s.sch006 The following orders are revoked— (a) the Civic Government (Scotland)...
s.sch006 In section 27(7) of the Land Compensation (Scotland) Act 1973—...
s.sch006 The Rent (Scotland) Act 1984 is amended as follows.
s.sch006 For “rent assessment”, in each place where those words appear...
s.sch006 In section 106— (a) in subsection (1), for the words...
s.sch006 In section 115(1), for the definition of “rent assessment committee”...
s.sch006 In paragraph 5 of Schedule 4, the words “to act...
s.sch006 The 1987 Act is amended as follows.

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