Chamber and committees

We are working through our financial support options at pace to define how we can support those developers who cannot afford to pay in full for their remediation liability. We are committed to ensuring that our approach is proportionate to a developer’s ability to pay and are working with developers now to define the level of contribution that would be appropriate.

Scottish Government have directly engaged three assessors to carry out assessments as part of the pilot programme. In addition we understand several developers have engaged assessors where they have taken on developer led SBAs as part of the pilot. The Scottish Government does not hold information on the number of assessor appointed by developers.

It is right that developers make a contribution to remediating buildings that they developed, where they are able to do so, and we recognise that this contribution should be proportionate to profit. In England and Wales developers over £10m profit threshold have committed to meet all of the costs of remediating their buildings. In Wales developers under the £10m profit threshold will make a level of contribution to remediating their buildings reflecting their ability to pay. We are currently working with the sector in Scotland to explore the level of contribution that would be appropriate for developers.

We are working collaboratively with Homes for Scotland and developers. Nine of the largest UK and Scottish developers have committed in principle to identify, assess and remediate buildings that they have played a role in developing. We have agreed the principle of developer led Single Building Assessments (SBAs) and will continue working collaboratively with developers to take forward assessment and remediation in line with the SBA specification that will be finalised at the end of May.

https://www.gov.scot/publications/scottish-safer-buildings-accord-developer-commitment-letter/pages/list-of-developers/

As of April 2024,

• 28 preliminary Single Building Assessments have commenced.
• This includes:

o one development where the Fire Risk Appraisal of External Walls (FRAEW) has been completed and the development remediated and;

o two developments where mitigation works have commenced

The number of suitably qualified people required will be proportionate to the number of SBAs required across Scotland. As the total number of SBAs is still to be determined we do not hold information about the number of assessors required.

The Property Factors (Scotland) Act 2011 (the Act) requires the Scottish Ministers to prepare and maintain a public register of all property factors and to consider whether a property factor is a fit and proper person to be registered as a property factor.

Under the Act, Scottish Ministers must prepare a property factor code of conduct setting out the minimum standards of practice expected of registered property factors. A Code of Conduct was introduced on 1 October 2012. We revised the Code in August 2021 to make it clearer, to drive up standards and to improve consistency, without placing an undue burden on companies that might result in significant additional costs being passed on to homeowners. The changes ensured the Code remained up to date and responded to concerns raised by homeowners as well as supporting important wider policy objectives around tenement maintenance.

A dispute resolution mechanism is provided for the resolution of disputes between homeowners and property factors through the First-tier Tribunal for Scotland (Housing and Property Chamber) (the First-tier Tribunal). This provides free access to justice for homeowners and there is evidence provided in the First-tier Tribunal's published Annual Reports noting the number of applications it has received. The most recent report demonstrates that homeowners are taking action against their Property Factor where they believe their Property Factor has not met the requirements of the Code of Conduct, or carried out their duties under the Act.

Based on the recommendations of the Co-Production Working Group, the maximum award for new recipients of the Independent Living Fund has been set at £330 per week. Historically awards have tended to be substantially lower than the maximum. However, the Independent Living Fund is now open to new applicants for the first time since 2010, so it is challenging to estimate the average award level. Awards will depend on individual assessments by ILF Scotland Assessors of the award required to achieve the independent living outcomes sought.

The Independent Living Fund reopened to new applications at the start of April 2024. Following a period of systems and process testing with initial applications, ILF Scotland expect to open to online applications by late April. ILF Scotland expect to start making their first payments to new recipients from May.

The budget of £9m for 2024-25 has been set on the basis of up to 1,000 disabled people receiving awards of up to £330 per week. The budget takes account of awards for new recipients phasing in over the course of the year, and makes allowance for the additional operational costs to Independent Living Fund Scotland for processing and assessing applications and supporting new recipients.