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

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

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

Town and Country Planning Act 1997, s 179

2560 1707 Under One Roof

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