http://www.legislation.gov.uk/ukpga/1987/26/section/86Housing (Scotland) Act 1987An Act to consolidate with amendments to give effect to recommendations of the Scottish Law Commission, certain enactments relating to housing in Scotland.1987-05-15texttext/xmlenStatute Law Database2026-04-21Expert Participation2026-04-01 PART IV SUB-STANDARD HOUSES The tolerable standard Definition of house meeting tolerable standard.861Subject to subsection (2), a house meets the tolerable standard for the purposes of this Act if the house—ais structurally stable;bis substantially free from rising or penetrating damp;chas satisfactory provision for natural and artificial lighting, for ventilation and for heating;cahas satisfactory thermal insulation;dhas an adequate piped supply of wholesome water available within the house;ehas a sink provided with a satisfactory supply of both hot and cold water within the house;fhas a water closet or waterless closet available for the exclusive use of the occupants of the house and suitably located within the house;fahas a fixed bath or shower and a wash-hand basin, each provided with a satisfactory supply of both hot and cold water and suitably located within the house;ghas an effective system for the drainage and disposal of foul and surface water;gain the case of a house having a supply of electricity, complies with the relevant requirements in relation to the electrical installation for the purposes of that supply;“the electrical installation” is the electrical wiring and associated components and fittings, but excludes equipment and appliances;“the relevant requirements” are that the electrical installation is adequate and safe to use;hhas satisfactory facilities for the cooking of food within the house;ihas satisfactory access to all external doors and outbuildings;jhas satisfactory equipment installed for detecting, and for giving warning of, fire or suspected fire;khas satisfactory equipment installed for detecting, and for giving warning of, carbon monoxide present in a concentration that is hazardous to health,and any reference to a house not meeting the tolerable standard or being brought up to the tolerable standard shall be construed accordingly.1AIn construing any such reference, regard shall be had to any guidance issued by the Scottish Ministers.1BThe Scottish Ministers must issue the guidance in such manner as they consider appropriate for bringing it to the notice of local authorities and other persons with an interest.1CThe Scottish Ministers may vary or revoke any such guidance.1DAny such guidance issued by the Scottish Ministers may further specify the circumstances in which a house is to be considered to be substantially free from rising or penetrating damp under subsection (1)(b).2The Secretary of State may by order vary or extend or amplify the criteria set out in the foregoing subsection either generally or, after consultation with a particular local authority, in relation to the district, or any part of the district, of that authority.2AAn order under subsection (2) is to be made by statutory instrument, and no such order is to be made unless a draft of the order has been laid before and approved by resolution of the Scottish Parliament.3This section shall be without prejudice to section 114 (certain underground rooms to be treated as houses not meeting the tolerable standard).S. 86(1)(fa) inserted (1.10.2003) by Housing (Scotland) Act 2001 (asp 10), ss. 102(1), 113(1); S.S.I. 2003/434, art. 2, sch. (with arts. 3, 4)S. 86(1A)-(1C) inserted (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), ss. 11(3), 195(3) (with s. 193); S.S.I. 2009/122, art. 3S. 86(2A) inserted (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), ss. 11(4), 195(3) (with s. 193); S.S.I. 2009/122, art. 3S. 86(1)(ca) inserted (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), ss. 11(2)(a), 195(3) (with s. 193); S.S.I. 2009/122, art. 3S. 86(1)(ga) inserted (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), ss. 11(2)(c), 195(3) (with s. 193); S.S.I. 2009/122, art. 3Words in s. 86(1)(f) inserted (1.4.2009) by Housing (Scotland) Act 2006 (asp 1), ss. 11(2)(b), 195(3) (with s. 193); S.S.I. 2009/122, art. 3S. 86(1)(j)(k) inserted (1.2.2022) by The Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Order 2019 (S.S.I. 2019/8), arts. 1, 2 (as amended by S.S.I. 2021/46, art. 2))S. 86(1D) inserted (6.12.2025) by Housing (Scotland) Act 2025 (asp 13), ss. 47(2), 86(2); S.S.I. 2025/355, reg. 2(b)