Housing (Scotland) Act 1987- Dem Order Waverley Road. - Report
Renfrewshire Council · 28 October 2025
Back to Communities and Housing Policy Board — 28 October 2025 and its agenda
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PUBLIC ___________________________________________________________________ To: Communities and Housing Policy Board On: 28 October 2025 ___________________________________________________________________ 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 Renfrewshire Council’s Housing Led Regeneration and Renewal Programme aims to deliver modern, high quality, energy efficient, affordable Council housing that will not only significantly enhance the Council’s housing stock but will also contribute to the wider transformation of Renfrewshire as a place and will be central to the economic and social recovery of Renfrewshire. 1.2 The Council meeting of 17th December 2020 approved additional funding from the Housing Revenue Account to provide in excess of £100m of investment in the regeneration of Council housing over the next 10 years. Phase 1 covers eight communities across Renfrewshire including the Waverley Road area of Foxbar. 1.3 Proposals were developed for all eight areas after extensive consultation and in the Waverley Road area these proposals included the demolition of 72 properties in the area and targeted investment in the remaining 48 properties. 60 of 72 of the properties approved for demolition have now been demolished with the exception being the 12 flats within the blocks at 54 and 56 Waverley Road. 1.4 The flat identified as 1/2 56 Waverley Road, Paisley is the only property within the block at 56 which remains in private ownership, despite efforts to engage the owner in agreeing voluntary acquisition of this flat. The flat (and building generally) is in poor condition and is 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 whole blocks at 54 and 56 Waverley Road, Paisley.
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PUBLIC 1.5 Authorisation is also sought to promote a Compulsory Purchase Order to compliment the Demolition Order process and bring the remaining privately owned property into Council ownership once the block, including Flat 1/2 56 Waverley Road has been demolished. ___________________________________________________________________ 2. Recommendations It is recommended that the Policy Board: 2.1 approves a Demolition Order being issued for the properties at 54 and 56 Waverley Road, Paisley PA2 0AB. 2.2 approves the Council carrying out the demolition of the blocks at 54 and 56 Waverley Road, Paisley PA2 0AB 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, and submit to the Scottish Ministers for approval, a Compulsory Purchase Order to compulsorily acquire the property at 1/2 56 Waverley 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 18 January 2022 approved regeneration proposals for the Waverley Road area of Foxbar in Paisley as part of the Housing-led Regeneration and Renewal Programme. These proposals included targeted demolition of 72 properties at 34 to 56 Waverley Road, Paisley with four privately owned properties to be acquired to allow demolition to proceed. Three of out the four privately owned properties have now been acquired with the remaining privately owned property being Flat 1/2 56 Waverley Road, Paisley. 3.2 The blocks at 54 and 56 Waverley Road are, apart from Flat 1/2 56 Waverley Road, under full ownership of the Council (all are vacant). The Housing Regeneration team have engaged with the owner of Flat 1/2 56 Waverley Road for some time with the intention of acquiring the property. The owner has advised that they would sell their flat to the Council however this has never materialised with the outcome that whilst the remainder of the properties in the area approved for demolition have now been demolished, the demolition of the blocks at 54 and 56 Waverley Road has been delayed. 3.3 As there has been limited progress to date 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 Flat 1/2 56 Waverley Road, Paisley to complement the promotion and service of the Demolition Order and, subject to the rights of appeal, subsequent demolition of the blocks at 54 and 56 Waverley Road, Paisley. The Housing Regeneration Team will continue to seek voluntary acquisition of the property in tandem with preparing for promotion of a Compulsory Purchase Order if necessary.
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PUBLIC 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. 3.6 All properties within the buildings at 54 and 56 Waverley 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 flats within 56 Waverley Road are generally in a very poor condition, there is no supply of electricity or water to the building and Officers are therefore satisfied that the property, Flat 1/2 56 Waverley Road Paisley fails the Tolerable Standard on the following grounds: • It does not have satisfactory provision for artificial lighting and heating (due to there being no electricity supply); • It does not have an adequate supply of wholesome water available within the house; • It does not have a sink provided with a satisfactory supply of both hot and cold water; • It does not have a satisfactory supply of hot and cold water at any fixed bath, shower and wash hand basin; • It does not have satisfactory facilities for the cooking of food (due to there being no electricity supply) • 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 all flats within the blocks at 54 and 56 Waverley, Paisley and to demolish the blocks. Demolition of this block is in accordance with the approved Housing- led Regeneration and Renewal Programme for the Waverley Road area. 3.10 The Council would seek to recover the expenses of demolition via the statutory powers available to it.
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PUBLIC _________________________________________________________________ Implications of the Report 1. Financial – The costs associated with the demolition of these blocks is included within the Housing Revenue Account 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 and homes. 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, Flat 1/2 56 Waverley Road Paisley. 5. Property/Assets – Eleven of the twelve flats in the blocks at 54 and 56 Waverley Road Paisley are Council owned. 6. Information Technology – None. 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, Flat 1/2 56 Waverley 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.
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PUBLIC ___________________________________________________________________ List of Background Papers (a) Background Paper 1 - Report to Council, 17 December 2020, ‘Housing-led Regeneration and Renewal Programme for Renfrewshire’. (b) Background Paper 2 - Report to the Communities, Housing and Planning Policy Board on 18 January 2022 titled, Housing-led Regeneration and Renewal Programme. ___________________________________________________________________ Author: Colin Hunter, Environmental Health and Community Safety manager - Email: colin.hunter@renfrewshire.gov.uk
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PUBLIC Appendix 1 – Tolerable Standard Definition Tolerable Standard as Defined in S.86 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;
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PUBLIC (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.