The Housing (Scotland) Act 2025 (Commencement No. 1) Regulations 2025

Explanatory Note

(This note is not part of the Regulations)

These Regulations bring into force certain provisions of the Housing (Scotland) Act 2025 (“2025 Act”).

Regulation 2(a) brings section 46 (Social landlord: qualifying repairs) of the 2025 Act into force on 6 December 2025. Section 46 amends section 27 of the Housing (Scotland) Act 2001 to enable the Scottish Ministers to make provision, via regulations, for or in connection with timescales for the inspection and commencement of repairs in social tenancies, and compensation for, and appeals against, a failure to comply with a requirement of the regulations.

Regulation 2(b) brings section 47 (Tolerable standard: damp and mould) of the 2025 Act into force on 6 December 2025. Section 47 amends section 86 of the Housing (Scotland) Act 1987 to enable the Scottish Ministers to issue guidance to specify the circumstances in which a house is to be considered to be substantially free from rising or penetrating damp.

Regulation 3(a) brings section 23(3) (setting and variation of rent) of the 2025 Act into force on 7 January 2026, but only for the purposes of inserting section 17D into the 2016 Act. Section 17D provides that, for the purposes of Parts 4 and 4A of the 2016 Act, “exempt property” means a property that is described in regulations by the Scottish Ministers and confirmed as being of that description in accordance with processes specified in the regulations. These Regulations enable the Scottish Ministers to make regulations under section 17D.

Regulation 3(b) and (c) bring section 85 (minor and consequential modifications) and paragraph 7(6)(c)(i) of the schedule of the 2025 Act into force on 7 January 2026 but only for the purposes of inserting a reference to section 17D into section 77(3) of the 2016 Act. This will ensure that regulations made under section 17D are subject to affirmative procedure.