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