Rented sector reform: Housing (Scotland) Bill: business and regulatory impact assessment

Regulatory and EU Alignment Impacts

Intra-UK Trade

We have considered whether the proposed measures discussed in this BRIA have any impacts which are relevant to the United Kingdom Internal Market Act 2020, particularly with respect to the PRS.^[139] The Bill relates to immovable residential property located in Scotland, and therefore the requirements in the Internal Market Act 2020 which relate to goods (defined in the Act as movables) are not relevant. There are also no material impacts relevant to the services requirements of this Act. The proposed measures relate to the legal and regulatory framework which governs how private property is let, and this framework applies irrespective of where the landlord is based. There are no differential requirements between landlords based in Scotland and those based in the rest of the UK, since landlords based in the rest of the UK are free to purchase residential property in Scotland and let it on the same terms as landlords based in Scotland.

International Trade

We have considered whether the proposed measures discussed in this BRIA have any impacts which are relevant to international trade and the UK’s international trade obligations, in particular in relation to the following questions:

Does this measure have the potential to affect imports or exports of a specific good or service, or groups of goods or services?

No. The measures relate to immovable residential property located in Scotland, and thus do not affect the import or export of goods or services.

Does this measure have the potential to affect trade flows with one or more countries?

No, for the reasons set out in the answer above.

Does this measure include different requirements for domestic and foreign businesses?

No. The same legal framework applies regardless of where the landlord is based.^[140]

Is the basis for different treatment anything other than it enables foreign businesses to operate on a level playing field in Scotland?

Not applicable.

EU Alignment

The measures are not likely to impact on the Scottish Government’s policy to maintain alignment with the EU.