Complete Clarity Solicitors


New building repairs legislation

Proposed measures to assist local authorities in recouping the costs they incur in making defective or dangerous buildings safe have been welcomed by the Scottish Parliament’s Local Government and Regeneration Committee.

The measures are the main focus of a Members’ Bill, which was introduced by David Stewart MSP in October 2013. The Defective and Dangerous Buildings (Recovery of Expenses) (Scotland) Bill aims to allow local authorities to make charging orders for recovery of expenses incurred where they have carried out work on defective or dangerous buildings.

A charging order is a form of statutory charge that attaches to land and property, for example, in relation to the repayment of a loan, recovery of expenses incurred or grants made.

The Committee has given its support to the general principles of the Bill, but recommends that local authorities be given the flexibility to recover expenses over a timescale dependent on the amount incurred as well as the debtors’ ability to pay.

The Committee also considered the position of housing associations when repairs need to be made both with and without the consent of all owners. The Committee has urged all local authorities to work closely with housing associations to assist them in making necessary repairs.

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