The Environmental Protection Unit is responsible for enforcing the provisions of the Housing (Scotland) Act 1987, dealing with housing defects and the tolerable standard, primarily in private houses.
Tolerable standard
The tolerable standard is a list of minimum requirements a house has to meet in order to be fit for habitation.
A house meets the tolerable standard if it:
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is structurally stable
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is substantially free from rising or penetrating damp;
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has satisfactory provision for natural and artificial lighting, for ventilation and for heating
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has an adequate piped supply of wholesome water available within the house
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has a sink with a satisfactory supply of both hot and cold water within the house
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has a water closet available for the exclusive use of the occupants of the house and suitably located within the house
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has an effective system for the drainage and disposal of foul and surface water
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has satisfactory facilities for the cooking of food within the house
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has satisfactory access to all external doors and outbuildings.
The tolerable standard will be amended when provisions of the Housing (Scotland) Act 2006 come into force to include two new requirements. A house must then also:
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have satisfactory thermal insulation
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have an electrical installation that is adequate and safe to use
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to have a "waterless closet" will also become an acceptable alternative in certain circumstances.
Enforcing the tolerable standard
Where houses are found to be in a poor state or repair or fail to meet the requirements of the tolerable standard, Falkirk Council has the option of serving an Improvement Order or Repairs Notice requiring the work to be carried out, or in extreme cases, to impose a Closing or Demolition Order to prevent the occupation of a property.
Grant assistance may be available for some types of repair or improvement. Enquiries for grants should be made to Falkirk Council's Housing & Social Work Services. Details and application forms can be obtained on the Home improvement and repair grants| page.
Houses in multiple occupation
Development Services is responsible for the licensing of houses in multiple occupation (HMOs). Environmental Protection is involved in applying the licensing standards along with other units of the Council and the Fire Service. Full information can be provided by our Licensing section|.