§ Mr. McMasterTo ask the Secretary of State for Scotland (1) what measures are in place which allow(a) local authorities, (b) mortgage lenders, (c) police forces, (d) council tax registration officers or (e) private citizens to take action to force owner-occupiers who (i) neglect owner-occupied property to the extent that it detrimentally affects the amenity and quality of life of neighbours or (ii) use residential property for trading, storage or warehousing purposes, to cease such practices and return such residential property to proper use; what plans he has to introduce additional measures; and if he will make a statement; [31387]
(2) what action can be taken against a householder of an owner-occupied property in a residential area who (a) neglects to properly maintain his or her property to a reasonable standard or (b) uses the property for trading, warehousing and storage purposes to the significant detriment of neighbours and their amenity; and if he will make a statement.
§ Lord James Douglas-HamiltonThe responsibility for dealing with houses in poor condition lies with local authorities and they have wide-ranging powers. Where it is drawn to their attention that a house has been neglected they may take action under the Public Health (Scotland) Act 1897, or the Building (Scotland) Act 1959, or the Civic Government (Scotland) Act 1982 or the Housing (Scotland) Act 1987 to require that it be repaired or up-graded. These powers may also be used where neighbours are affected and there is a provision to require the maintenance of private open spaces. Planning permission for change of use is required if a residential 317W property is used for business purposes and that use is more than incidental to the enjoyment of the property as a dwelling house. Authorities have power to take action against those who breach planning control under the Town and Country Planning (Scotland) Act 1972. There are no present plans to introduce measures additional to these powers.
Any action which a mortgage lender could take over the condition or use of a property would be determined in individual circumstances by the terms of the mortgage agreement.