Housing (Scotland) Act 1987

91 Declaration of housing action areas for demolition and improvement

(1) Where a local authority are satisfied—

(a) that the houses, or the greater part of the houses, in any area in their district lack one or more of the standard amenities or do not meet the tolerable standard, and

(b) that the most effective way of dealing with the area is to apply to the area the provisions of subsection (2),

they may cause the area to be defined on a map and pass a draft resolution declaring the area so defined to be a housing action area for demolition and improvement, that is to say, an area which is to be dealt with in accordance with the provisions of that subsection.

(2) Subject to subsection (4), a resolution passed under this section shall provide that a housing action area for demolition and improvement shall be dealt with by securing the demolition of some of the buildings in the area and by securing the carrying out of such works on those houses in the area which do not meet the standard specified by the local authority by virtue of subsection (3) in respect of the area, other than the houses in those buildings, that on the completion of the works all the houses then in the area will meet that standard.

(3) For the purposes of specifying the standard mentioned in subsection (2), the provisions of subsection (3) of section 90 shall apply as they apply for the purposes of specifying the standard mentioned in subsection (2) of that section.

(4) A local authority—

(a) shall not secure the demolition of a building in a housing action area for demolition and improvement unless the greater part of the houses in the building are below the tolerable standard, and

(b) may exclude from demolition any part of such a building which is used for commercial purposes.

(5) A housing action area for demolition and improvement shall not include the site of a building unless at least part of the building consists of a house which—

(a) lacks one or more of the standard amenities, or

(b) does not meet the tolerable standard, or

(c) is not in a good state of repair (disregarding the state of internal decorative repair) having regard to the age, character and locality of the house.