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Committee

Communities Committee, 05 Oct 2005

05 Oct 2005 · S2 · Communities Committee
Item of business
Housing (Scotland) Bill: Stage 2
Regretfully, I support much of what Mary Scanlon has said. I support the single seller survey in principle, but the process and the practicalities of single surveys have unravelled before us. It is incumbent on the committee to ensure that the legislation is workable. It is as simple as that.As Mary Scanlon mentioned, the prime mover for the single seller survey was the desire to improve the condition of Scotland's houses. On the evidence that I have heard, that will not necessarily happen. If a mandatory single seller survey finds something radically wrong with a property, the seller will not do anything about it because they are selling their house. Either the survey will simply impact on property values or people will get cosmetic work done.Another issue is the extent to which surveyors will be responsible for their reports. As we heard in evidence, indemnity cover will not be required for surveyors because that would push up the cost of the single seller survey. There are a number of concerns surrounding that issue.The single seller survey has been marketed to the public as a change that will get rid of the need for multiple surveys, but I am not convinced that it will have that effect. At the end of the day, notwithstanding the fact that the survey might contain a structural report, lenders might decide that they want another survey two and a half months later to establish the property's value. For that reason, I am not convinced that the single seller survey will get rid of the need for lenders such as building societies and banks to carry out additional surveys.Another concern is the fact that a valuation will be included in the single seller survey. If a seller is required to have the survey carried out in January when they are about to put the property on the market, the value of the property could have gone up or down by February or March. My understanding is that, in England, the idea of having the valuation incorporated in the single seller survey was abandoned. Perhaps the minister can address that point.Among the many issues that give me grave concern is the fact that so much of the detail will be in regulations. Both sections 101 and 102 begin:"The Scottish Ministers may by regulations—".The practicalities of the matter will be dealt with in regulations, which the committee will have no power to amend. Although the committee has the ability to consider regulations and comment on them, it cannot compel that regulations or other statutory instruments be amended.I have huge concerns about how the single seller survey will operate. I put on record the fact that—whatever my party's position on the processes and practicalities—my personal point of view was that single seller surveys and the purchasers information pack seemed a good idea. However, after hearing the evidence, my concern is that it will not work. I suspect that we will still end up with a single seller survey, but I put my view on record because I am pretty sure that the proposal will unravel.

In the same item of business

The Convener: Lab
Item 2 is the Housing (Scotland) Bill. This is day three of our consideration of the bill at stage 2. I welcome Johann Lamont, the Deputy Minister for Commun...
Section 95—Duty to have information about a house which is on the market
The Convener: Lab
Amendment 75, in the name of Mary Scanlon, is grouped with amendments 76 to 96.
Mary Scanlon (Highlands and Islands) (Con): Con
In speaking to the amendments on the single seller survey, I predict that I will be as successful as almost every other member of this committee who has atte...
The Convener: Lab
Do other members wish to speak to the amendment?
Christine Grahame (South of Scotland) (SNP): SNP
Regretfully, I support much of what Mary Scanlon has said. I support the single seller survey in principle, but the process and the practicalities of single ...
Scott Barrie (Dunfermline West) (Lab): Lab
People cannot have it both ways: they cannot agree with a proposal in principle but then disagree with it because of the impact it will have in practice.Let ...
Tricia Marwick (Mid Scotland and Fife) (SNP): SNP
I agree with the single seller survey in principle and will not support Mary Scanlon's amendments. The proposal has been Scottish National Party policy for a...
Mr John Home Robertson (East Lothian) (Lab): Lab
The last thing I want to do at this time in the morning is fall out with Mary Scanlon, but I am afraid that I must say that her amendments seem to be wreckin...
Patrick Harvie (Glasgow) (Green): Green
Scott Barrie is largely right. He seemed to suggest that one of the reasons the pilot was not entirely successful is that it was a pilot and that, to see the...
Cathie Craigie (Cumbernauld and Kilsyth) (Lab): Lab
I agree entirely with the views that Scott Barrie expressed. It is important that we introduce the single seller survey. I speak from experience of represent...
The Convener: Lab
I invite the minister to respond to the points that have been raised.
The Deputy Minister for Communities (Johann Lamont): Lab
Thank you, convener. I thank Mary Scanlon for lodging the amendments in this group. They have given us the opportunity to have a further debate on the subjec...
Mary Scanlon: Con
I thank my colleagues for contributing to the debate, which has been helpful. The minister's response has also been helpful.Christine Grahame asked to whom t...
The Convener: Lab
The question is, that amendment 75 be agreed to. Are we agreed?
Members:
No.
The Convener: Lab
There will be a division.
ForScanlon, Mary (Highlands and Islands) (Con)AgainstBarrie, Scott (Dunfermline West) (Lab)Craigie, Cathie (Cumbernauld and Kilsyth) (Lab) Harvie, Patrick (G...
The Convener: Lab
The result of the division is: For 1, Against 7, Abstentions 1.
Amendment 75 disagreed to.
Section 95 agreed to.
Section 96—Duty to provide information to potential buyer
Amendment 76 moved—Mary Scanlon.
The Convener: Lab
The question is, that amendment 76 be agreed to. Are we agreed?
Members:
No.
The Convener: Lab
There will be a division.
ForScanlon, Mary (Highlands and Islands) (Con)AgainstBarrie, Scott (Dunfermline West) (Lab)Craigie, Cathie (Cumbernauld and Kilsyth) (Lab) Harvie, Patrick (G...
The Convener: Lab
The result of the division is: For 1, Against 7, Abstentions 1.
Amendment 76 disagreed to.
Section 96 agreed to.