Search Legislation

Housing (Scotland) Act 2006

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Work notices and demolition notices

 Help about opening options

Changes to legislation:

Housing (Scotland) Act 2006, Cross Heading: Work notices and demolition notices is up to date with all changes known to be in force on or before 24 June 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Work notices and demolition noticesS

30Work noticesS

(1)The local authority may require the owner of a house to carry out work in it for the purposes of—

(a)implementing an HRA action plan in relation to any house identified in the plan, F1...

(b)bringing any house which the local authority considers to be sub-standard (whether or not situated in an HRA) into, or keeping it in, a reasonable state of repair [F2, or

(c) otherwise improving the security or safety of any house (whether or not situated in an HRA ). ]

(2)A requirement under subsection (1) must be made by serving notice (a “work notice”) in accordance with section 62.

(3)The work notice must specify—

(a)the reason for the requirement (by reference, if the requirement relates to any house other than the house in which the work is to be carried out, to the condition of that other house),

(b)the work which requires to be carried out,

(c)any standard which that house is to meet on completion of the work, and

(d)the period within which the work must be completed.

(4)The period so specified must be the period beginning with the date from which the notice has effect within which the local authority reasonably considers that the work required can be completed (but must not, in any case, be a period of less than 21 days).

(5)The work notice may also specify particular steps which the local authority requires to be taken in carrying out the work required.

Textual Amendments

F1Word in s. 30(1)(a) repealed (1.4.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 87(a), 104(3); S.S.I. 2015/122, art. 2

F2S. 30(1)(c) and word inserted (1.4.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 87(b), 104(3); S.S.I. 2015/122, art. 2

Commencement Information

I1S. 30 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

31Suspension of work noticeS

(1)The local authority may suspend a work notice if satisfied that carrying out the work required is likely to be detrimental to the health of any resident of the house concerned.

(2)The local authority may lift a suspension under subsection (1) at any time.

(3)The local authority must give notice of any—

(a)suspension, or

(b)lifting of a suspension,

in accordance with section 62.

(4)A notice under subsection (3)(b) may—

(a)extend the period within which the work requires to be completed by such period as the local authority considers reasonable,

(b)specify particular steps which the local authority requires to be taken in carrying out the work required (in addition to or in place of any such steps specified in the work notice or in any previous notice under subsection (3)(b)).

Commencement Information

I2S. 31 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

32Revocation of work noticeS

(1)The local authority may revoke a work notice if—

(a)the house to which it relates is demolished, or

(b)it considers that the work required by the notice is no longer necessary for the purpose for which the notice was served.

(2)The local authority must give notice of any such revocation in accordance with section 62.

Commencement Information

I3S. 32 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

33Demolition noticesS

(1)Where a house is identified in an HRA action plan as a house which the local authority considers to be in a state of serious disrepair and ought to be demolished, the local authority may require the owner of the house to demolish it.

(2)A requirement under subsection (1) must be made by serving notice (a “demolition notice”) in accordance with section 62.

(3)The demolition notice must specify—

(a)the reason for the requirement,

(b)the standard to which the demolition is to be carried out (including any standard to which the site of the demolished house must be cleared), and

(c)the period within which the demolition must be carried out.

(4)The period so specified must be the period beginning with the date from which the notice has effect within which the local authority reasonably considers that the demolition can be completed (but must not, in any case, be a period of less than 21 days).

Commencement Information

I4S. 33 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

34Extension of period for completion of work or demolitionS

(1)The local authority may, at any time, extend the period within which any—

(a)work required by a work notice, or

(b)demolition required by a demolition notice,

must be completed by such period as it considers reasonable.

(2)But such a period may be extended only where the local authority—

(a)considers that satisfactory progress has been made in carrying out the work or demolition, or

(b)has received a written undertaking from the owner stating that the work or demolition will be completed by a later date which the authority considers satisfactory.

(3)The local authority must give notice of any extension in accordance with section 62.

Commencement Information

I5S. 34 in force at 1.4.2009 by S.S.I. 2009/122, art. 3

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources