Meeting of the Parliament 07 January 2020
In our evidence taking, South Lanarkshire also stood out as a council that took a hard line on applying the empty homes surcharge, and it was rightly criticised for that. Scottish Land & Estates expressed its frustration at the inconsistent way that discretion was being applied to the levy. Its representative said that, in a number of local authorities, people with empty homes with active repair plans, some of whom are waiting for building warrants from the council, have had the 200 per cent levy applied without any discussion and, in some cases, without the council sending a representative to visit the property.
That view was echoed at an informal session that we held with people from South Lanarkshire, who said that the council applied the levy rigidly without sending anyone out to see properties. That meant that those struggling with repairs were put in an even worse position. There was a sense that some councils were using the levy as a revenue-raising tool.
I return to the local success that I mentioned. After our report was published, I commented in the local press and—I will take some credit for this—South Lanarkshire Council is now looking to take on an empty homes officer. It will be good if it does. I also hope that it will reconsider its approach to the levy, because that is not helping.
The council has a very poor track record. For example, in East Kilbride, which is in the area that I used to represent as a councillor, there is a house that is boarded up. It is fire damaged and has been empty for about 10 years. That is an example of the kind of thing that should be tackled.
Kevin Stewart’s response to our recommendation on compulsory sale orders was disappointing. We said:
“Given the strength of support for the development of CSO powers, the low uptake of CPO powers and a manifesto commitment to bring CSO powers forward in the current Parliamentary session, it is disappointing that draft proposals or legislation pertaining to CSO powers have not emerged.
Whilst acknowledging the Minister’s views on legislative priorities and the impact of Brexit, the Committee recommends that the Scottish Government brings forward strong proposals for the introduction of these powers and fulfils its manifesto commitment to bring them forward in this Parliamentary Session.
In view of the commonly cited issues associated with CPOs, the Committee would welcome an update from the Scottish Government on the development of CSO powers and how it will ensure that CSOs are less complicated, less resource intensive and less financially risky for Councils to use as an alternative to CPOs.”
The minister responded only to that last point and his response was, sadly, rather woolly. He said:
“We will bring forward a package of proposals that addresses how authorities can assemble land, tackle problem properties and capture land value uplifts ready for the next administration to consider legislating on these matters. This requires careful consideration and we will keep the Committee updated as this work progresses.”
Members should note the lack of any real timescale. That is not what we asked for, so perhaps the minister could flesh out the issue when he makes his closing speech. The proposal could be game changing with regard to getting empty homes back into use. I can see the issues and how it could be controversial, but, so long as there are checks and balances built into the legislation, councils should not be able to get ahead of themselves and order everyone to sell up. As we heard, there are lots of reasons why homes are empty. We deliberately did not look at second or holiday homes. An owner could be in hospital or in prison, or they could be abroad for a long period or mentally incapable and unable to sell.
The issue is a complex one that requires different solutions. That is why the work of the Scottish Empty Homes Partnership is so important, why having empty homes officers in every council matters and why giving councils more powers, to use with discretion and wisely, matters. Other members will focus on other parts of the report, and I look forward to hearing their contributions.
15:25