There are a number of specific powers which local authorities can exercise to remedy a specific problem in tenement properties arising from different Acts of Parliament. Read the guide on what constitutes a failure of the Tolerable Standard and learn about to the specific interventions which local authorities can impose on owners and the relevant links to the legislation and associated guidance.
This advice is for all owner occupiers and owner landlords of tenement buildings.
Tolerable Standard Failure and specific related powers under the Housing (Scotland) Act 1987, the Building (Scotland) Act 2003 and the Housing (Scotland) Act 2006
Guidance for local authorities was last issued in 2009.
Any house will fail the tolerable standard if it:
Sanctions are available to local authorities in respect of any property found to be below the tolerable standard (BTS) include closing and demolishing some or all of the properties, or requiring the owners to bring the property back up to the Tolerable Standard.
There are a range of powers specific to particular failures or decisions following investigation.
The table below provides direct links to the legal clauses which permit local authority enforcement in respect of BTS failure:
Act of Parliament web links
Property unlawfully occupied and due
Closing Order in preparation for demolition issued.
Property in a condition such that repair is not an
Demolition Notice and a Demolition Order to effect
Dangerous Building (e.g. due to structural damage,
Notice issued and advice given to owners that work
Urgent repair works required.
|Obligations of owners following the failure to|
respond to a Works Notice or breach of
the Repairing Standard
|Maintenance Orders and Maintenance Plans|