Chamber
Plenary, 24 Nov 2005
24 Nov 2005 · S2 · Plenary
Item of business
Housing (Scotland) Bill: Stage 3
Amendments 5, 6, 53, 69, and 7 will incorporate fire detection measures in the modernised repairing standard in chapter 4 of part 1 of the bill. The issue met with substantial sympathy when it was raised with the Communities Committee at stage 2. We have responded by exploring the issue further and by lodging these amendments. It is another example of the committee's scrutiny process refining policy and the Executive being happy to respond to sound proposals that arise from that.
The repairing standard is essential for ensuring that a landlord keeps a house and the facilities provided with it in good working order and repair. That is in exchange for rent, or, in the case of tied tenancies, labour. The intention of the amendments is that a landlord will make satisfactory provision for fire detection in the first place and will maintain such detection as part of the fittings.
Like the existing requirement in the repairing standard that a house be fit for human habitation, fire detection is so basic a need that it is right that satisfactory provision for it should be a requirement. In the light of the committee's discussion and after considering the alternatives, I think that the repairing standard is the best place for that requirement.
The amendments say that the provision of fire detection measures should be satisfactory and have regard to building regulations and guidance. That does not mean that existing houses will have to be brought up to the standards required for building a new house. Guidance issued by the Scottish Building Standards Agency sets out what is appropriate for existing houses. Landlords should take the guidance into account.
We will ensure that landlords are aware of the requirements in the guidance; private landlord registration will, of course, help that. When a tenant challenges a landlord's compliance with the agency's standard through the private rented housing panel, the committee hearing the case will consult the fire and rescue service to ensure that its formal decision is backed up by an authoritative view and that there is consistency across Scotland.
I move amendment 5.
The repairing standard is essential for ensuring that a landlord keeps a house and the facilities provided with it in good working order and repair. That is in exchange for rent, or, in the case of tied tenancies, labour. The intention of the amendments is that a landlord will make satisfactory provision for fire detection in the first place and will maintain such detection as part of the fittings.
Like the existing requirement in the repairing standard that a house be fit for human habitation, fire detection is so basic a need that it is right that satisfactory provision for it should be a requirement. In the light of the committee's discussion and after considering the alternatives, I think that the repairing standard is the best place for that requirement.
The amendments say that the provision of fire detection measures should be satisfactory and have regard to building regulations and guidance. That does not mean that existing houses will have to be brought up to the standards required for building a new house. Guidance issued by the Scottish Building Standards Agency sets out what is appropriate for existing houses. Landlords should take the guidance into account.
We will ensure that landlords are aware of the requirements in the guidance; private landlord registration will, of course, help that. When a tenant challenges a landlord's compliance with the agency's standard through the private rented housing panel, the committee hearing the case will consult the fire and rescue service to ensure that its formal decision is backed up by an authoritative view and that there is consistency across Scotland.
I move amendment 5.
In the same item of business
The Presiding Officer (Mr George Reid):
NPA
We move to stage 3 proceedings on the Housing (Scotland) Bill.I will make the usual announcement about the procedures to be followed. We will deal with the a...
Section 10—Local housing strategies
The Presiding Officer:
NPA
Group 1 is on local housing strategies. Amendment 70, in the name of the minister, is the only amendment in the group.
The Deputy Minister for Communities (Johann Lamont):
Lab
Amendment 70 responds to an amendment at stage 2 from Cathie Craigie, which intended to ensure that the use of assistance to improve housing conditions in th...
Amendment 70 agreed to.
Section 12—Tenancies to which repairing standard duty applies
The Presiding Officer:
NPA
Group 2 is on tenancies that are wholly or partly exempt from provisions of the bill. Amendment 72, in the name of the minister, is grouped with amendments 7...
The Minister for Communities (Malcolm Chisholm):
Lab
Section 12 is intended to exclude agricultural holdings from the repairing standard. An agricultural holding is primarily let for an agricultural purpose. If...
Mary Scanlon (Highlands and Islands) (Con):
Con
I have found this part of the bill quite complex and, at stage 3, the issues are becoming even more complex.Amendments 73 to 76 address issues with the origi...
Euan Robson (Roxburgh and Berwickshire) (LD):
LD
I thank the minister for lodging amendment 72, which covers the points that the committee was concerned about. It clarifies and extends the exemptions in an ...
Malcolm Chisholm:
Lab
There are two ways of looking at section 12. First, I will deal with the legalities and technicalities of the repairing standard duty. More fundamentally, I ...
Amendment 72 agreed to.
The Presiding Officer:
NPA
Amendments 73 to 76 are therefore pre-empted.
Section 13—The repairing standard
The Presiding Officer:
NPA
Group 3 is on fire safety. Amendment 5, in the name of the minister, is grouped with amendments 6, 53, 69, and 7.
Johann Lamont:
Lab
Amendments 5, 6, 53, 69, and 7 will incorporate fire detection measures in the modernised repairing standard in chapter 4 of part 1 of the bill. The issue me...
Donald Gorrie (Central Scotland) (LD):
LD
I am very content with amendments 5 and 6. I would like to press the minister on the words "building regulations". In my experience, the building control sys...
Johann Lamont:
Lab
I recognise the point that Donald Gorrie makes. He is right that many of the concerns about planning relate to the perceived inability to enforce standards. ...
Amendment 5 agreed to.
Amendment 6 moved—Johann Lamont—and agreed to.
Section 23—Referral to private rented housing committee
The Presiding Officer:
NPA
Group 4 is on decisions by the president of the private rented housing panel. Amendment 80, in the name of Christine Grahame, is grouped with amendments 81 a...
Christine Grahame (South of Scotland) (SNP):
SNP
The amendments are all linked. I hope that the minister understands the spirit in which I lodged them. They aim to assist in the process of determining an ap...
Euan Robson:
LD
I recognise the spirit in which the amendments have been lodged, but perhaps they are too prescriptive and it would be relevant to cover the matter in guidan...
Malcolm Chisholm:
Lab
I appreciate why Christine Grahame wants to build the extra elements in question into the procedures of the private rented housing panel, but it is not neces...
Christine Grahame:
SNP
I am delighted by the minister's response, which will appear in the Official Report—that is what I really sought. In the circumstances, I seek to withdraw am...
Amendment 80, by agreement, withdrawn.
Amendments 81 and 82 not moved.
The Presiding Officer:
NPA
Group 5 is on procedural matters relating to the determination on the repairing standard. Amendment 11, in the name of Malcolm Chisholm, is grouped with amen...
Johann Lamont:
Lab
The amendments respond to amendments that Tricia Marwick lodged at stage 2—obviously, we have good cop and good cop today. Those amendments dealt with notifi...