Built Environment

Question 1

What is the purpose of Environmental Impact
Assessment (EIA) in Scotland?

Answer 1

To investigate the environmental effects of
major developmental proposals before
decisions are made.

Question 2

Describe the main stages of an
Environmental Impact Assessment (EIA) in
Scotland.

Answer 2

Screening, Scoping, Environmental
Statement, Planning application &
consultation, Decision making.

Question 3

Define a Defective Building Notice under the
Building (Scotland) Act 2003.

Answer 3

A notice served by the local authority
requiring the owner to rectify specified
defects to bring the building to a reasonable
state.

Question 4

How can a local authority enforce rectification
of defects in a building under the Building
(Scotland) Act 2003?

Answer 4

By serving a Defective Building Notice and
carrying out the works if the owner fails to
comply.

Question 5

What is the purpose of a Demolition Notice
under the Housing (Scotland) Act 2006?

Answer 5

To require the owner to demolish a house
identified in a Housing Renewal Area (HRA) if
it is in a state of disrepair.

Question 6

Describe the process of issuing a Works
Notice under the Housing (Scotland) Act
2006.

Answer 6

The local authority may require the owner to
carry out works to implement a HRA action
plan or bring a substandard house to a
reasonable state of repair, specifying the
required works and completion period.

Question 7

Describe the process for appealing a decision
related to a maintenance plan under Section
44.

Answer 7

An appeal can be made to the sheriff court
within 21 days, and the notice is suspended
until the appeal is abandoned or determined.

Question 8

Define Repairing Standard under Section 13
of the legislation.

Answer 8

Repairing Standard ensures that a house is
wind and water-tight, reasonable for human
habitation, and all installations, fixtures, and
fittings are in a reasonable state of repair.

Question 9

How does the Private Rented Housing Panel
(PRHP) process work for addressing tenant
complaints about repairing standards?

Answer 9

Tenants notify the landlord of the issue, and if
no action is taken, the tenant can send an
application to the PRHP, which may lead to
mediation and a committee decision on
enforcing repairs

Question 10

Describe the Tolerable Standard as defined in
the Housing (Scotland) Act 2006.

Answer 10

The Tolerable Standard sets the minimum
requirements for a house to be deemed
livable, including structural stability, absence
of dampness, adequate lighting, heating,
water supply, sanitation facilities, and more.

Question 11

What are the criteria for rising damp as
outlined in the legislation?

Answer 11

Rising damp involves vertical movement from
the ground to the building fabric and typically
does not rise higher than 1.2 meters.

Question 12

How are enforcement actions like Closing
Orders and Demolition Orders used in the
context of housing standards enforcement?

Answer 12

Closing Orders prevent occupancy of a
property if improvements are too costly, while
Demolition Orders mandate the evacuation
and demolition of a building within a specified
timeframe, typically within 3 months.

Question 13

Describe the eligibility criteria for grant
assistance for fabric repair in priority areas
for owner occupiers.

Answer 13

Owner occupiers may be eligible for a 50%
grant of approved costs over £5000, with the
council potentially providing a means-tested
grant of up to 75% if the owner cannot cover
the balance costs.

Question 14

Define the distinction between ‘Amateur’ and
‘Professional’ landlords in the context of grant
assistance eligibility

Answer 14

Amateur landlords hold a small number of
flats personally, while professional landlords
have a portfolio of properties and run them as
a business.

Question 15

What are the conditions for grant assistance
that apply to the property for 10 years after
completion of works?

Answer 15

The property must be used as a private
dwelling, maintained in good repair, and
occupied by the owner or family as their main
residence. Breaching these conditions may
result in repayment of the grant with interest.

Question 16

How are commercial proprietors eligible for
grant assistance in tenemental buildings?

Answer 16

Commercial proprietors can receive grant
assistance if they are responsible for a share
of common repair costs and are on a full
repair and insuring lease, similar to
professional landlords.

Question 16

Describe the conditions for grant assistance
related to energy efficiency measures.

Answer 16

Owners are encouraged to implement energyefficient measures to contribute to carbon
reduction targets. The council prioritizes
projects that can attract additional financial
contributions from utility companies or the
Scottish Government.

Question 17

How does the council enforce compliance
with necessary repair works in certain
circumstances

Answer 17

The council may take enforcement action
under the 2006 Act if owners refuse to pay for
repairs. This action can include serving a
Work Notice under Section 30 or issuing
Maintenance Orders to ensure property
maintenance and repair.

Question 18

Describe the definition of an HMO according
to the (Scotland) Act 2004.

Answer 18

Living accommodation occupied by 3 or more
persons from 3 or more families, used as their
main residence, with shared basic amenities
like toilet, washing, and cooking facilities.

Question 19

Define the types of properties covered by the
HMO legislation in Scotland.

Answer 19

Ordinary houses, flats, bedsits, hostels,
student halls of residence, and staff
accommodation in hotels and hospitals.

Question 20

How many types of exemptions are there
from the licensing requirements for HMOs in
Scotland?

Answer 20

There are 7 types of exemptions, including
properties occupied only by owners, certain
service-provided HMOs, religious orders,
forces accommodation, and more.

Question 21

What is the process for applying for an HMO
license
(Scotland) Act 2004?

Answer 21

Submit an application with the necessary fee,
display a notice outside the property for 21
days, and meet the considerations set by the
LA, with fees

Question 22

Describe the sanctions involved for operators
without an HMO license in Scotland.

Answer 22

Operators without a license can face a
maximum penalty of £50,000, rent
suspension orders, and penalties for agents
facilitating unlicensed occupation.

Question 23

Define the factors considered by the LA when
deciding whether to grant an HMO license in
Scotland.

Answer 23

Considerations include planning control
compliance, the applicant and agent being fit
and proper persons, and no disqualifications
from holding a license.

Question 24

How long can an HMO license last once
granted under the (Scotland) Act 2004?

Answer 24

An HMO license can last for a maximum of 3
years and for no less than 6 months.

Question 25

Describe the ways in which an LA can verify
compliance with HMO license conditions in
Scotland.

Answer 25

Verification methods include direct
inspections, evidence from third parties, and
considering evidence from the applicant,
though not always reliable.

Question 26

Describe the amenities that should be
considered within accommodation according
to the provided content.

Answer 26

Amenities include appropriate cooking
facilities, fridges, kitchen storage, sanitary
facilities, and space layout considerations.

Question 27

Define the standards for kitchen facilities in
accommodation for a maximum of 5 people.

Answer 27

Standards include one sink with hot and cold
water, storage space, drawer space,
impervious work surface, fridge, freezer, and
a cooker with oven and grill.

Question 28

How should the sanitary facilities, water, and
drainage be arranged in accommodation for a
maximum of 5 people?

Answer 28

There should be 1 WC, 1 bath or shower,
lone-standing facilities, proximity to
bedrooms, ventilation separation from food
areas, locks on doors, hot and cold water
supply, and a hygienic drainage system.

Question 29

Do the bedroom standards vary based on the
presence of a communal living area in the
accommodation?

Answer 29

Yes, the bedroom standards differ based on
whether there is a communal living area, with
specific square meter requirements for single
rooms, double rooms, triple rooms, and family
rooms.

Question 30

Describe the safety and security measures
that should be in place for occupants in the
accommodation.

Answer 30

Safety measures include gas and electrical
safety checks, minimum requirements for
electrical sockets, accessible locks on doors
and windows, and compliance with license
conditions set by the LA.

Question 31

Define the license conditions that a license
holder must adhere to for an HMO according
to the Scottish Government.

Answer 31

Conditions include maintaining property
standards, displaying emergency advice,
limiting the number of residents, providing
accessible license information, lawful
repossession, no LPG storage, compliance
with gas and electricity regulations, and
secure room fittings.

Question 32

How can the LA enforce regulations for an
HMO license?

Answer 32

The LA can revoke or vary a license, issue
rent suspension orders, request rectification
of breaches, serve amenity notices, request
information, and have the right of entry to
enforce the HMO license regime.

Question 33

Describe the process of approving
applications for registration of landlords

Answer 33

Applications are reviewed by relevant officers
for negative information. Recommendations
are made based on scrutiny, and a report is
sent to the landlord for response. The Head of
Housing makes the final decision.

Question 34

Describe the activity space requirements for
bed, wardrobe, drawers, and cooker in
accommodation.

Answer 34

Bed space should have specific dimensions
around the bed, wardrobe and drawers should
have minimum space requirements, and there
should be a designated space in front of the
cooker.

Question 35

How are unregistered landlords pursued for
registration

Answer 35

Late Application Fee is applied after 2
requests, and Rent Penalty Notices can be
issued. Referral to the Procurator Fiscal is
possible for evidence of letting unregistered
properties.

Question 36

Define Antisocial Behaviour Notice (ASBN) in
the context of private rented accommodation

Answer 36

ASBN is issued to landlords who fail to
address antisocial behaviour by tenants. It
outlines actions the landlord must take to
remedy the situation

Question 37

Describe the responsibilities of landlords to
maintain registration.

Answer 37

Landlords must keep their registration up to
date, ensure fire and gas safety, and maintain
their properties according to the repairing
standard defined in the Housing (Scotland)
Act 2006.

Question 38

How are noise issues typically handled in
private rented accommodation?

Answer 38

Noise issues, often lifestyle-related, like
footfall, may not trigger enforcement. Tenants
can report such matters to the Private Rented
Housing Panel for resolution.

Question 39

What is the role of Community and
Safety Services in addressing
antisocial behaviour in private rented
accommodation?

Answer 39

investigates complaints of antisocial
behaviour and can issue Antisocial Behaviour
Notices if landlords fail to address the issues
adequately.

Question 40

Describe the responsibilities of a landlord in
relation to property condition according to the
content provided.

Answer 40

The landlord is expected to ensure gas and
fire safety, meet Energy Performance
requirements, have buildings insurance where
necessary, inform tenants of their rights to
complain, and address any issues raised for
improvement.

Question 41

Define the consequences for a landlord who
fails to address property condition issues as
per the content.

Answer 41

Failure to respond appropriately to issues
could result in the refusal of the landlord’s
application for registration.

Question 42

How does the landlord registration process
handle property condition issues based on the
content?

Answer 42

Landlord registration does not have direct
authority to address these matters but relies
on landlords providing necessary information
for interventions to be considered.