Local Housing Strategy: guidance 2019

12. House Condition

- Private Sector

12.1 In the Housing (Scotland) Act 2006, Section 10 introduced 3 statutory requirements for local authorities, and these should be summarised in the LHS.

12.2 Below Tolerable Standard (BTS) Strategy - to ensure compliance with Section 85(1) (duty to close, demolish or improve houses which do not meet the tolerable standard) of the Housing (Scotland) Act 1987 (c. 26).

12.3 The LHS should evidence the extent of BTS housing in the local authority area by providing details of numbers, location and type. The LHS should set out what mechanism(s) is in place to monitor BTS levels and what powers and actions the local authority uses to address BTS properties. The BTS strategy should be linked to strategies for assistance, landlord registration, homelessness, housing options, adaptations, and energy efficiency. Advisory Guidance on the Tolerable Standard for local authorities is located here. Additional guidance relating to the tolerable standard on satisfactory fire detection and satisfactory carbon monoxide detection is located here.

12.4 Housing Renewal Area Policy - for identifying parts of its area for designation under Section 1 of the Housing (Scotland) Act 2006 (asp 1). Advisory Guidance on Housing Renewal Areas and Repair, Improvement and Demolition for local authorities is located here.

12.5 A policy is required even if there is no intention to immediately declare a Housing Renewal Area, as the policy should be ready to support housing improvement as and when required, including the criteria against which an area would be identified.

12.6 The LHS should explain what process is in place for identifying Housing Renewal Areas and what powers and actions the local authority plans to use to address them.

12.7 Scheme of Assistance Strategy (SoA) - for improving the condition of houses by providing or arranging for the provision of assistance under Part 2 of the Housing (Scotland) Act 2006 (asp 1).

12.8 The LHS should set out how the scheme will be used to address substandard private housing, implementing the BTS strategy as appropriate. Local authorities should note the interaction between work to improve energy efficiency and house condition (see Chapter 11 of this Guidance) in private housing.

Areas that the Scottish Government would expect to see addressed in each LHS:

a) Evidence that the local authority has a BTS Strategy is in place together with a summary of the level of BTS in the area, how the local authority is currently addressing BTS properties and what future action it plans to take.

b) Evidence that the local authority has a HRA Policy in place together with a summary of how HRAs will be identified and what powers and actions will be used.

c) Evidence that the local authority has a SoA Strategy in place and a summary explaining how it will be used to improve standards.

- Social Rented Sector

12.9 The Scottish Housing Quality Standard (SHQS) requires all social landlords to achieve a minimum level of housing quality, including energy efficiency. The SHQS is funded through social landlord investment plans, including prudential borrowing by local authorities. Even if the local authority is not directly responsible for the provision of social housing, it is responsible for ensuring that social housing meets the tolerable standard as set out in paragraph 12.2 above.

12.10 The SHQS target is set out in the Scottish Social Housing Charter and progress towards meeting this target is monitored by the independent Scottish Housing Regulator.

12.11 The LHS should detail any housing stock that does not meet the SHQS and the proposals for bringing it up to standard. Any housing where the standard cannot be met should be highlighted as either exempt stock or that action is currently in abeyance and how this is being kept under review.

12.12 The Energy Efficiency Standard for Social Housing (EESSH) sets out the minimum energy efficiency ratings that landlords are expected to meet across their housing stock. The first EESSH milestone is that all social housing meets a minimum energy efficiency rating, by house type and fuel, by the end of December 2020. The second EESSH milestone is that all social housing meets or can be treated as meeting, EPC Band B, or is as energy efficient as practically possible, within the limits of cost, technology and necessary consent, by the end of December 2032. Additionally, no social housing should be re-let below EPC Band D from December 2025, subject to temporary exemptions.

12.13 The EESSH does not prescribe measures to take as ratings vary depending on the accommodation and fuel type. It is for individual social landlords to identify the most cost effective measures for their stock, and to determine what level of investment is sustainable, to ensure that the standard is achieved. Further information is available here.

12.14 The LHS should set out the level of housing in the local authority area that does not meet EESSH, what progress is being made and what more is to be done in order to is meet the milestones. Indicators for performance against the new EESSH milestone will be developed by the independent Scottish Housing Regulator.

Areas that the Scottish Government would expect to see addressed in each LHS:

a) A summary explaining how non-exempt stock, which has not achieved SHQS and an explanation around how this will be brought up to standard together with information this will be funded.

b) A summary explaining how exemptions will be tackled and abeyance properties are kept under review as technology develops and tenants/owners change together with information on how this will be funded.

c) Information on what level of housing is not meeting EESSH, what progress is being made towards achieving the milestone.