Other powers to enforce repairs

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

s28 Building (Scotland) Act 2003

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

Legal reference

s87(3) Civic Government (Scotland) Act 1982 

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

s186 Housing (Scotland) Act 2006

Maintenance of land or buildings

Council Planning Departments also have powers to deal with property conditions which affect the amenity of an area.  This can be used for e.g badly neglected gardens.  It is not often used.

Legal reference

s179 Town & Country Planning Act 1997