Chamber and committees

Annual New Supply Shared Equity (NSSE) sales are published as part of the attached Affordable Housing Supply Programme Out-turn Reports.

More homes: Affordable Housing Supply Programme - gov.scot (www.gov.scot)

The number of NSSE sales with a golden share attached and retained are included in the following table by local authority.

To support our approach and ensure quality for the next phase, we will shortly begin an interim and independent evaluation of the pilot phase.

Marketing for the Open Market Shared Equity scheme is carried out by the administering agent as part of their contract to administer the scheme on behalf of the Scottish Government.

It is the responsibility of Registered Social Landlords (RSLs) who deliver the New Supply Shared Equity scheme to carry out marketing for each of their developments.

The Cladding Stakeholder Group was formed in June 2021 and meets monthly. The Group provides a forum for discussion, partnership working, continuous improvement and constructive challenge to support the Single Building Assessment and Cladding Remediation programme. Membership reflects the interests of homeowners as well as the finance, insurance, home building and professional advice sectors. Under its terms of reference, material generated by the Group should remain confidential.

Each local authority has been given a set allocation of funding which will close when that allocation is fully spent. Local authorities can continue spending into the next financial year with any remaining allocation should they need to do so.

The Tenant Grant Fund is being paid to local authorities as General Revenue Grant, if a local authority is unable to spend their revenue funding in year, it is placed in their reserves and used the following financial year. As it is revenue funding they do not require Scottish Government approval.

Local authorities have indicated that they are confident that they will be able to spend their allocations in the coming months, therefore we do not anticipate any need to recover an underspend.

Shona Robison: There is no central source for this information, however some of this information is held by local authorities and the Scottish Fire and Rescue Service (SFRS).

In November 2019, the Scottish Funding Council published a call for information to Scotland’s Colleges and Universities to seek assurances on fire safety in their respective estates. All Universities and colleges advised they had collated up to date information on the cladding types used on their buildings. All but one of 28 institutions reported satisfaction that all reasonable steps have been taken to ensure that where cladding is present, it is safe. The Scottish Government relayed this information to SFRS.

The Scottish Fire and Rescue Service (SFRS) are the enforcing authority for most non-domestic premises that are covered by Scottish fire safety legislation i.e. Part 3 of the Fire (Scotland) Act 2005, as amended and the Fire Safety (Scotland) Regulations 2006. SFRS have a risk-based audit programme which targets activities and resources at premises which offer the greatest risk to the safety of relevant persons in the event of fire. SFRS enforcement activity is about promoting and enabling sustained compliance with the law. It also ensures that actions are taken to deal promptly with serious risk and that duty-holders who fail in their obligations are held to account. Confidential information on fire safety and to some extent, building construction, is therefore collected and evaluated as part of a SFRS enforcement audit.

Building warrant applications are checked by local authority verifiers for compliance with the building standards (including fire safety as set out in Section 2 of the Technical Handbooks). During construction, a Reasonable Inquiry process allows for assessment of the works in accordance with the approved (compliant) building warrant drawings. Only after a new building’s completion certificate is accepted by the verifier can the building be occupied. Local Authorities keep building standards registers, including building warrant records.

The First-tier Tribunal for Scotland (Housing and Property Chamber) features within the Scottish Tribunals Annual Report. In addition to this the Housing and Property Chamber has recently published a statistical report which provides information including; the jurisdictions of the Chamber, the application process, case volumes and outcomes. Both of these reports can be found using the following link:

https://www.housingandpropertychamber.scot/who-we-are/annual-reports

The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 section 26.-(10) requires that a decision of the First-tier Tribunal with a statement of reasons must be published. The Housing and Property Chamber has developed searchable databases of all decisions, from each jurisdiction, which can be found using the following link:

https://www.housingandpropertychamber.scot/apply-tribunal .

In accordance with Section 78 of the Tribunals (Scotland) Act 2014, the President of Tribunals is to prepare an annual report about the operation and business of the Scottish Tribunals. To draft this report, the President of Scottish Tribunals requests that each chamber president within the First-tier Tribunal provides details as to their chamber's business and any important changes or projects within their respective chambers. This information is collated by the Judicial Office for Scotland and then presented to the President of Scottish Tribunals for consideration and approval. S78(3) provides the statutory basis for the information that is to be contained within the report, primarily that the annual report must explain how the Scottish Tribunals have exercised their functions during the financial year, as well as any other information that the President of Scottish Tribunals deems appropriate. The report is approved by the Lord President and sent to the Scottish Ministers in advance of publication.

A copy of this letter will be placed in the Scottish Parliament Information Centre (bib number 63213) and published on the Scottish Courts and Tribunals Service website.

Our records show that 178 properties have been purchased with golden share and 171 properties retain golden share through the Open Market Shared Equity scheme.

Current building regulations require that fire spread on external walls is inhibited. The guidance which supports the regulations calls for non-combustible or limited combustibility cladding and insulation materials on the exterior walls of high rise buildings over 11m and high-risk buildings. Combustible cladding and insulation can only be used in such situations when the fire performance of the whole of the cladding system (including thermal insulation and fire barriers) has passed a large scale fire test. The Scottish Government requires to be notified when such a test has been used to demonstrate compliance with the regulations.

The current review of building regulations has considered a ban of the highest risk cladding materials including the role of the large scale fire test, BS 8414. It is expected that amended regulations will be laid in the Scottish Parliament shortly.

The fourth and final meeting of the Building Standards (Fire Safety) Review Panel 2020-22 took place on 24 January 2022. Draft minutes of the meeting were circulated to members of the panel for comment on 03 March 2022. The final minutes will then be published by the end of March 2022.