Property factor registration
Where they have authority to act on behalf of homeowners, property factors have an important role in helping to protect and maintain the common parts of land associated to residential properties
We implemented a framework for the regulation of property factors through the Property Factors (Scotland) Act 2011 as a means of providing minimum industry standards, to better protect homeowners who use factoring services.
The framework includes:
- mandatory registration of property factors – applicants are required to be assessed as fit and proper to operate as a property factor and meet other legal requirements once registered.
- the register of property factors which came into force on 1 October 2012. It provides details of registered property factors and a search function to check if a property factor manages a particular property or area of land.
- a statutory code of conduct which came into force on 1 October 2012 and sets out the service standards that registered property factors must meet and gives homeowners the ability to challenge poor practice. The Scottish Government has subsequently consulted on proposals to revise the code of conduct. The analysis of responses to that consultation has been published. The Scottish Government is considering representations made about the draft revised code as a result of that consultation. The findings will be used alongside other available evidence to inform our consideration of whether the respective changes to the code are to be taken forward and whether changes to the wider regime regulating property factors should be explored.
- a means of redress to the First-tier Tribunal for Scotland Housing and Property Chamber Homeowners can apply to the tribunal where they believe there has been a breach of the code of conduct or the property factor has failed to carry out their duties. Before making an application, homeowners must first notify their property factor in writing of their complaint and allow their property factor an opportunity to resolve the matter. The code of conduct also requires registered property factors to have an in-house complaints handling procedure. Where a property factor has been found to have failed to comply with the code of conduct and/or its duties, the tribunal may issue an enforcement order setting out the steps the property factor must take to rectify the problem.
These measures are intended to give homeowners confidence in the standard of service they should expect from a property factor and give them the means to challenge poor practice where this arises.
A property factor registration guide explains what an applicant needs to do to submit an application, the considerations for entry to the register and the requirements a property factor must meet once they have been entered on the register.
Contact
Further information about the role of property factors is available.
For more information, email: propertyfactorregister@gov.scot