The following types of action are available to the Council:
- Improvement Notice – requires works to be carried out by the owner to remove the hazard
- Prohibition Order – this prohibits the use of a dwelling or part of a dwelling.
- Hazard Awareness Notice – this advises of the hazard and recommends remedial action.
- Emergency Remedial Action – where there is imminent danger, the Council can carry out emergency works.
- Emergency Prohibition Order – where there is imminent danger, the Council can prohibit the use of a dwelling or part of a dwelling immediately.
- Demolition Order – this requires the property to be demolished.
- Suspension of an improvement notice or prohibition order – The action would be suspended until a specific event or date, when it would become operative.
If enforcement action is taken there will be an opportunity to appeal. Details of how to appeal will be supplied with the notice. All appeals are made to the Residential Property Tribunal (RPT).
The Residential Property Tribunal consists of a panel of three people. It is not necessary to have legal representation, and no costs will be awarded to either party. It is anticipated that the RPT will deal with appeals by considering appeal statements and relevant documentation. If the matter is not clear, or either party requires a hearing, a meeting will be held between the relevant parties with the RPT present. The RPT may request to visit the property in question.
Enforcement Policy and Guidance for Private Sector Housing 2014
For fairness and transparency, it is important that the Council is open about how it conducts itself by publishing an enforcement policy with associated guidance.
As such, the Council adopted the Enforcement Policy and Guidance for Private Sector Housing in June 2014.