You may occasionally come across these other powers being used by the council to enforce common repairs.
Disrepair/defective building notice
This order is designed to protect the building fabric and bring the building into a reasonable state of repair having regard to its age, type, and location. The council can prosecute if there is no action, or step in and carry out default works.
The council can recover costs through a charging order.
Legal reference
Building (Scotland) Act 2003, s 28
Disrepair requiring immediate action
This Notice is used when there are:
- urgent/serious building fabric issues which cause health and safety concerns
- to prevent damage to any property
For example, if a roof with a chimney is in a poor state of repair, there could be an immediate risk of injury or death to the wider public if a roof tile fell, or part of the chimney collapsed, onto the public pavement.
Legal reference
Civic Government (Scotland) Act 1982, s 87(3)
Power to obtain information
The council can use this notice to get the information they need about property ownership, mortgages held, etc., in order to serve other notices.
Legal reference
Housing (Scotland) Act 2006, s 186
Maintenance of land or buildings
Council planning departments also have powers to deal with property conditions which affect the amenity of an area. For example, this can be used for badly neglected gardens. It is not often used.
Legal reference
