Housing (Scotland) Act 1987- Representation in Respect of a House Failing to Meet the Tolerable Standard
Renfrewshire Council · 29 October 2024
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___________________________________________________________________ To: Communities and Housing Policy Board On: 29 October 2024 ___________________________________________________________________ Report by: Director of Environment, Housing & Infrastructure ___________________________________________________________________ Heading: Housing (Scotland) Act 1987- Representation in Respect of a House Failing to Meet the Tolerable Standard ___________________________________________________________________ 1. Summary 1.1 The Communities, Housing and Planning Policy Board on 30 October 2018 approved the Housing Investment Strategy for the Tannahill Area, Ferguslie Park involving the construction of around 100 new Council homes on vacant land adjacent to existing housing and the demolition of 253 properties (223 Council and 30 private). 1.2 Positive progress has been made on the delivery of this Housing Investment Strategy with 101 new build homes delivered on the site of the former St Fergus Primary School, 29 of 30 privately owned properties now acquired and contractors on site to demolish 52 of the 53 blocks originally approved for demolition. 1.3 The house identified as 146 Tannahill Road, Paisley is a two-storey semi-detached property which remains in private ownership, despite extensive efforts to engage the owner in agreeing voluntary acquisition of this property. The house is subject to significant fire damage and is therefore considered to fail to meet the Tolerable Standard, as defined within the Housing (Scotland) Act 1987, as amended and approval is being sought from this Board to issue a Demolition Order in terms of Section 115 of the Housing (Scotland) act 1987 for the building at 146 Tannahill Road, Paisley. 1.4 Authorisation is also sought to promote a Compulsory Purchase Order to complement the Demolition Order process and bring the one remaining privately owned property in the Tannahill Area subject to the Housing Investment Strategy into Council ownership, once the block including 146 Tannahill Road, Paisley has been demolished. ___________________________________________________________________
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2. Recommendations It is recommended that the Communities and Housing Policy Board: 2.1 Approves a Demolition Order being issued for the property at 146 Tannahill Road, Paisley, PA3 1PD. 2.2 Approves the Council carrying out the demolition of 146 Tannahill Road, Paisley, PA3 1PD in the event that, subject to their right to appeal, the owners fail to demolish the block within the prescribed period. 2.3 Authorises the Director of Environment, Housing & Infrastructure to promote a Compulsory Purchase Order to compulsorily acquire the property at 146 Tannahill Road, Paisley after conclusion of the demolition order process, in the event that further efforts to acquire the property voluntarily are unsuccessful. _________________________________________________________________________ 3. Background 3.1 The Communities, Housing and Planning Policy Board on 30 October 2018 approved the Housing Investment Strategy for the Tannahill Area, Ferguslie Park involving the construction of around 100 new Council homes on vacant land adjacent to existing housing and the demolition of 253 properties (223 Council and 30 private). Positive progress has been made on the delivery of this Housing Investment Strategy with 101 new build homes delivered on the site of the former St Fergus Primary School, 29 of 30 privately owned properties now acquired and contractors on site to demolish 52 of the 53 blocks originally approved for demolition. 3.2 The houses on Tannahill Road within the regeneration scheme are, apart from 146 Tannahill Road, under full ownership of the Council (all are vacant). The Housing Regeneration team have engaged with the owner of 146 Tannahill Road for over five years with the intention of acquiring the property. The owner has repeatedly advised that the outstanding mortgage on the property far outweighs the market value in the property’s current condition. 3.3 As there has been no means of agreement regarding the Council acquiring this property and given the delays in the regeneration programme arising from this, authorisation is being sought to promote a Compulsory Purchase Order to compulsorily acquire the property 146 Tannahill Road, Paisley to complement the promotion and service of the Demolition Order and, subject to the rights of appeal, subsequent demolition of the house at 146 Tannahill Road, Paisley. 3.4 The Housing (Scotland) Act 1987 places a duty on local authorities to secure that all houses within their district are closed, demolished or brought up to the Tolerable Standard within a period which is reasonable in the circumstances. 3.5 Section 115 of the Housing (Scotland) Act 1987, as amended makes provision for a local authority to issue a Demolition Order where it is satisfied that a house, or houses, do not meet the Tolerable Standard and ought to be demolished, further requiring that the building shall be demolished within six weeks after the expiration of a 28 day period (which is to allow for the properties to be vacated). The owner of any property has a period of 21 days to appeal to the Sheriff Court against the Demolition Order.
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3.6 146 Tannahill Road, Paisley and the adjoining house at 148 Tannahill Road, Paisley are vacant and there is no requirement to specify within the Demolition Order any period for the properties to be vacated. 3.7 The Tolerable Standard, as defined within Section 86 of the Housing (Scotland) Act 1987 is a basic minimum standard which all properties are required to meet and is reproduced for information within Appendix 1. As this is a condemnatory standard a property only requires failing to meet one element of it to fail the Tolerable Standard overall. 3.8 The house at 146 Tannahill Road is generally in a very poor condition, which has arisen as a result of a fire during 2023, it is noted that the roof across a significant proportion of the flat has been destroyed due to the fire; this is resulting in significant water penetration to the house. Officers are therefore satisfied that the property at 146 Tannahill Road, Paisley fails the Tolerable Standard on the following grounds: • It is not substantially free from penetrating damp (due to the extensive roof damage); This is due to a large extent of the roof being missing for over 12 months since the fire. The rainwater penetration has caused considerable dampness and damage internally. • It does not have satisfactory equipment installed for detecting, and for giving warning of, fire or suspected fire. 3.9 Authorisation is therefore sought to issue a Demolition Order in respect of 146 Tannahill Road, Paisley and to demolish the building. Demolition of this building is in accordance with the approved Housing Investment Programme for the Tannahill Road area. 3.10 The Council would seek to recover the expenses of demolition via the statutory powers available to it. _________________________________________________________________ Implications of the Report 1. Financial – The costs associated with the demolition of these blocks is included within the HRA Capital Programme budget and efforts will be made to recover the associated proportion of these costs from the sole private owner. 2. HR & Organisational Development - None 3. Community/Council Planning – Creating a sustainable Renfrewshire for all to enjoy- Improving and maintaining neighbourhoods. 4. Legal – The Demolition Order may require input from Legal Services in relation to valid service and promotion of the Order and any appeal. There will be a requirement for Legal Services to carry out conveyancing work to voluntarily or compulsorily acquire the property at 146 Tannahill Road, Paisley. 5. Property/Assets – 146 Tannahill Road, Paisley is presently privately owned. 6. Information Technology - None
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7. Equality & Human Rights (a) The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report because for example it is for noting only. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health & Safety - None 9. Procurement - None 10. Risk – The owner of the property at 146 Tannahill Road, Paisley has a right of appeal against the Demolition Order which, if exercised, could delay the works for a significant period. 11. Privacy Impact - None 12. Cosla Policy Position – not applicable. 13. Climate Risk – None 14. Children’s Rights - None _________________________________________________________________________ List of Background Papers Background Paper 1: Housing Investment Strategy for the Tannahill Area, Ferguslie Park. Communities, Housing and Planning Policy Board, 30th October 2018. Background Paper 2: Tannahill Area - Update on the Housing Investment Strategy. Communities, Housing and Planning Policy Board, 21 May 2019 Background Paper 3: Tannahill Area, Ferguslie Park - Update Communities, Housing and Planning Policy Board, 27 October 2020 _________________________________________________________________________ Author: Colin Hunter, Environmental Health and Community Safety Manager Email: colin.hunter@renfrewshire.gov.uk
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Appendix 1 – Tolerable Standard Definition Tolerable Standard as Defined in S86 of the Housing (Scotland) Act 1987, as amended. (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; (ca) 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, or waterless closet available for the exclusive use of the occupants of the house and suitably located within the house; (fa) 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; (ga) 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; (j) 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.