What this covers
Why you need it
The Scottish Parliament created it. The power to require it comes from Housing (Scotland) Act 2006.
What the Act carries
What our graph holds for Housing (Scotland) Act 2006 as a whole — the Act behind this licence, not the licence conditions themselves.
- Duties on businesses
- 34
- Penalties
- 14
- Exemptions
- 19
Duties on businesses under the Act
- Occupy premises after a compulsory evacuation notice Schedule 5
- Check if your Scottish tenancy must meet the Repairing Standard s.12
- Ensure rental properties meet and maintain the repairing standard s.14
- Maintain common parts of flats to the Repairing Standard s.15
- Ensure electrical inspections are conducted and recorded by a competent person s.19B
- Ensure regular electrical safety inspections for rental properties s.19A
… and 28 more business duties in the same Act.
What happens if you get it wrong
- Knowingly occupy or allow occupation of restricted premises 3 months imprisonment
- Occupy premises after a compulsory evacuation notice 3 months imprisonment
- Occupy premises after evacuation requirement 3 months imprisonment
- Harass or unlawfully evict caravan site occupier 6 months imprisonment
- Obstruct or impersonate an enforcement officer Unlimited fine
… and 9 more penalties in the same Act.
Exemptions that may take you outside it
- Automatic HMO licences for delayed council decisions only last one year — The licence was granted automatically because the local authority failed to determine the application within the legal timeframe (under paragraph …
- Exceptions to landlord property maintenance and repair duties — Work is the tenant's responsibility, results from tenant misuse, involves rebuilding after fire/flood, or landlord lacks necessary access rights
- Exception to the one-year ban locally for new HMO licence applications — A material change of circumstances since the original refusal
- Exemption from 21-day notice for urgent or impractical council repairs — The situation is urgent or it would be impractical to carry out the primary work before the secondary work
- Exemption from grant and loan conditions for property sales or acquisitions — Assistance is provided in connection with the acquisition or sale (or proposed acquisition or sale) of a house
… and 14 more exemptions in the same Act.
Read our full dossier on Housing (Scotland) Act 2006
Who issues it
Your local council issues this. Councils apply the same statute but set their own fees, conditions and timescales.
Where to apply
Duty, penalty and exemption labels are Guvnor’s analysis of the enabling instrument, not the instrument itself. Fees, forms and conditions are set by the issuing authority — always check the linked source.