What Property Compliance Requirements Do I Need?

Last updated: 1.46pm, Monday 8th March 2021 by

As part of the personalised , unique and hassle free service we give you, we also help you with all of the processes and compliance requirements that a landlord in Scotland is required to have in place.

Here we look at what they are and mean.

by Gordon Campbell
8th March 2021

As part of the personalised , unique and hassle free service we give you at every stage of a property purchase, and beyond, we also help you with all of the processes and compliance requirements that a landlord in Scotland is required to have in place.

At Alliance Property Group, any property you buy from us, we ensure that the property meets the correct and highest standard after refurbishment.

Also to ensure your property is handed over to the letting agents with all the correct compliance certificates in place, the property is safe for your tenants to live in and that all legal obligations are being met.

However, navigating your way through the minefield of laws, regulations and best practice regarding safety can be daunting.

So what must you do and where do you start?

The following guidelines apply to non-HMOs. Houses in Multiple Occupation (HMO) are covered by more stringent requirements.

What about Housing in Scotland?

Housing in Scotland is a devolved power i.e. the Scottish Government has full control over the standards and procedures over the whole housing and property cycle from the legal, construction, sales, lettings and factoring (building management) process.

 

As a result property in Scotland is more regulated- in a positive way-  and It is a fact that Scotland has the most progressive housing processes, standards and procedures in the UK.

 

How Is Housing Different and Better in Scotland?

All housing that is rented in Scotland must meet the Repairing Standard (click link to open)

 

Nowhere else in the UK has that standard of minimum quality in housing.

 

The Repairing Standard covers the legal and contractual obligations of private landlords to ensure that a property meets a minimum physical standard.

 

That was highlighted in more detail in our recent blog What Is The Difference Between the Property Market in Scotland and England (click link to open).

This is one of many reasons why property in Scotland is kept in good condition and help to maintain and enhance its long term value.

All of the above makes Scotland leading and very solid investment strategy location in the UK.

 

Do I Need To Do Anything To Comply?

There is a few things but we help you with it all as will be explained below.

Also, all refurbishments Alliance do meet the Repairing Standard and more, so no concerns for you.

 

 

What Compliances Do I Need to Have for a Buy to Let Property?

  • Buildings Insurance
  • Landlord Registration
  • Electrical Safety (EICR)
  • Gas Safety
  • Carbon Monoxide Monitors (C02) (only required if gas in property)
  • Smoke Detectors
  • Heat Detectors
  • Legionnaires Certificate
  • Energy Performance Certificate

    We will look at what these compliances are and mean.

     

    Buildings and Contents Insurance

    We will introduce you to an insurance provider and help complete the application documents for you so to make sure your property is insured on the day of completion and ownership.

    What is Landlord Buildings and Contents Insurance?

    Insurance for landlords is similar to normal household insurance cover except it is specifically designed for buy to let properties.

     

    It is designed to cover the building itself from standard perils such as fire, lightning and explosions and also the fixtures and fittings inside the property such as kitchen cabinets and the bathroom suite.

     

    Landlord Registration

    We help you with the application process before the completion of the property you buy from Alliance Property Group.

    Private landlords in Scotland are legally required to apply for registration with the local authority you are buying the property in.

    Letting agents are also legally required to have the registration number on any adverts and the lease for the property.

     A registration number shows that a landlord is approved by the local authority to let property. 

    Landlords must renew their application every three years.

     

    Electrical Safety (EICR)

    We will always ensure a EICR is done or in place on any property bought from Alliance Property Group.

    You and the letting agent are given a copy.

     

    Private landlords are responsible for ensuring that an electrical safety inspection of their property is carried out by a registered electrician at least every five years.

    The new legislation explained:

    As of 1st December 2015, under sections 13(4A) and 19B(4) of the Housing (Scotland) Act 2006, private landlords in Scotland are required by law to ensure that their properties are electrically safe.

    This covers:

    • Any installations in the property for the supply of electricity
    • Electrical fixtures and fittings
    • Any appliances provided by the landlord under the tenancy.
    • Landlords must be able to prove that all of the above are in a reasonable state of repair and in proper working order.

     

    Gas Safety Certificate

    We will always ensure a Gas Safety Certificate is done or in place on any property bought from Alliance Property Group.

    You and the letting agent are given a copy.

     

    An Landlord Gas Safety Certificate will always be carried out on any property bought from Alliance Property Group.

    That is unless there is an up to date certificate in place if a property is being bought with a tenant in situ.

    You and the letting agent are given a copy.

     

    The Gas Safety Certificate must be renewed every 12 months.

    Gas Safety Certificates must be retained for 2 years from the date they were carried out.

    Carbon Monoxide Detectors (C02)

    We will always ensure Carbon Monoxide detectors are done or in place on any property bought from Alliance Property Group.

     

    Carbon monoxide (CO) detectors fitted in their properties to comply with the repairing standard.

     

    They must have a long life battery OR mains powered detector in any space which contains a carbon based fuel appliance (excluding cooking appliances) e.g. a gas/oil boiler, gas/oil fire, wood burning stove or open coal fire.

     

    Smoke Detectors

    We will always ensure smoke detectors are installed or in place on any property bought from Alliance Property Group.

    In summary

    Guidance issued requires there to be at least:

    • one functioning smoke alarm in the room which is frequently used by the occupants for general daytime living purposes
    • one functioning smoke alarm in every circulation space on each storey, such as hallways and landings, or in main room if no landing in upper storey
    • one heat alarm in every kitchen
    • all alarms should be ceiling mounted
    • all alarms should be interlinked so that all sound when one device is activated (radio interlinking rather than hard wired interlinking can be used in most cases).

    Heat Detectors

    We will always ensure heat detectors are installed or in place on any property bought from Alliance Property Group.

     

    The Scottish Repairing Standard requires all rented property to be fitted with smoke detectors in the living room and all circulation areas/hallways and a heat detector in the kitchen. See above for further details.

    Legionnaires’ Disease Certificate

    We will always ensure a Legionnaires Test and Certificate is done or in place on any property bought from Alliance Property Group.

     

    • It is a legal duty to ensure that the risk of exposure of tenants to Legionnaires’ Disease is properly assessed and controlled.
    • A risk assessment should be carried out and regularly reviewed and control measures should be implemented.
    • When the property is vacated by a tenant, a new Legionnaires certificate is required.

     

    Energy Performance Certificates (EPC)

    We will always ensure a EPC Certificate is done or in place on any property bought from Alliance Property Group.

     

    • It is a requirement that all rental properties have an Energy Performance Certificate (EPC) made available to prospective tenants. 
    • The certificate provides information to prospective tenants on the energy efficiency of the property, as well as recommendations for cost effective improvements that could be made. 
    • The certificate lasts for 10 years and is included as part of a home report for any properties sold in Scotland after 1st December 2008. 
    • The latest EPC requirements are on this document Scottish EPC Requirements Update February 2020 (click link to open)