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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 
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To: Communities and Housing Policy Board 
On: 28 October 2025
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Report by: Director of Environment, Housing & Infrastructure
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Heading: Housing (Scotland) Act 1987- Representation in Respect of a
House Failing to Meet the Tolerable Standard
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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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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.
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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.
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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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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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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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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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(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.