Estates Management Policy

Permission to Carry out Alterations

Section 28 of the Housing (Scotland) Act 2001 states that tenants may not carry out any work, with the exception of internal decoration, without the consent of the Council. As a result, tenants must apply in writing for such permission. In addition, the tenant may require planning permission or a building warrant.

In this section "work" means:
a) Alteration, improvement, or enlargement of the house or of any fittings or fixtures.
b) Addition of new fittings or fixtures
c) Erection of a garage, shed or other structure

It does not include repairs or maintenance to any of the above.

Tenants will be asked to complete a Permission to Carry out Work Applications. Advice will be sought from the Council's Planning Section on whether planning consent is required, or if there is the need for a Building Warrant. The Divisional Housing Manager will consider the request, and advise the tenant of the outcome within 28 days. If the request is declined, then a written explanation of the reasons will be given. According to schedule 5, part 1 of the Housing (Scotland) Act 2001, if the tenant does not receive a response to the application within one month, then it will be taken that consent is given to the tenant by default.

Permission will only be refused if the Divisional Housing Manager considers that there are appropriate grounds for refusal.

Grounds for refusal may include:

The safety of occupiers of the house or any other house in the locality.
Any expenses which are likely to be incurred.
If the work is likely to reduce the value of the property, or make it less suitable for letting.
The effect that the alteration is likely to have on the neighbours.
Any effect that the work is likely to have on the extent of the accommodation provided by the house.
Where permission is requested to erect a satellite dish on a No Fines house (Girvan and Troon only).

To assist the Area Manager in deciding if permission is granted, the Housing Inspector will visit the property and assess if the work would be acceptable in principle. The Housing Inspector will report his/her recommendations to the Divisional Housing Manager, and permission will be given in writing with the following conditions attached (where appropriate):

The standard of workmanship must be acceptable to the Council.
The working area must be kept tidy and all rubbish, materials, etc must be cleared from the working area once the work has been completed.
Prior to commencing work, the tenant must supply details of the materials and colour schemes, which they intend to use. This must be acceptable to the Council.
The neighbours have been consulted and do not object to the work. Evidence that the neighbours have been consulted and do not object must be provided to the Divisional Housing Manager.
All appropriate safety regulations and legislation must be adhered to.
The work must be carried out by a competent tradesman who is adequately qualified.
All installation of gas appliances, or any work to gas pipes must be carried out by a CORGI registered contractor.
The tenant will be responsible for any ongoing maintenance costs associated with the work.
The tenant will be responsible for all the costs involved.
Planning permission and/or a building warrant (where necessary) must be obtained before work starts. Confirmation that Planning Consent, or a Building Warrant has been granted must be provided to the Divisional Housing Manager before work commences.
The council will retain ownership of any fixtures or fittings and they must not be removed without the Council’s permission.
The work must be completed within a reasonable period of time.
The Council reserve the right to restore the house to its original condition, if the improvements or alterations are not finished to an acceptable standard, or if any of the other criteria have not been met. The tenant would be responsible for paying any costs associated with this work.

The Housing Inspector will arrange to view the work once it has been completed to check that the work has been carried out to a satisfactory standard and in accordance with the terms of the permission, which was granted.

In some cases, permission will only be granted if the tenant's neighbours have been consulted and do not object. The tenant will be asked to undertake this consultation exercise him/herself and provide evidence that the neighbours do not object to the work going ahead. This must be provided before work commences. If the neighbours object and the Divisional Housing Manager considers that their objections are reasonable, then permission will be refused. This will apply only to external work that is likely to impact on the neighbours. The Area Manager will decide if consultation with the neighbours is necessary.
Examples of where neighbours should be consulted include:

Where the neighbour’s view will be obstructed
Where access to the neighbours property will be affected
Where natural light will be obscured
Where the work would have a negative impact on the character of the property
Where the work may have a negative impact on the value of the neighbours property
Where the alteration may create a nuisance or annoyance to neighbours

If permission is refused, the tenant will receive a refusal letter within 1 month of making application, detailing the reasons for refusal.

A record of each request and the decision will be held on the Permissions Register. This register will be used to monitor performance in relation to permission requests.

If the tenant does not agree with a decision to refuse permission, he/she may appeal to the Head of Regeneration and Housing. This appeal must be received in writing within 14 days of receiving the notification of refusal. The Head of Regeneration and Housing will consider the appeal and respond to the tenant within 14 days of receiving the appeal letter.

If the tenant is still aggrieved by a decision to refuse permission, he/she may raise legal proceedings at the Sheriff Court by summary application. The court may order the council to consent to the application if it considers the refusal to be unreasonable.

The terms of the permission allow the Council to remove any fixtures or fittings, if they do not meet an acceptable standard. The tenant will be notified of any intention to take this action. The reasons for this decision will be explained fully in writing to the tenant. The Council may also decide to take this action if any of the other criteria attached to the permission are not met.

The Council’s repairs contractor will be instructed to carry out the work, and the “rechargeable” budget code will be used. Once the work is completed, and the contractor has issued an invoice for the work, an invoice for the cost of the work will be raised through the Council’s financial system, and sent to the tenant. This part of the process is covered in the Council's "Rechargeable Repairs Procedures".

If the tenant fails to make payment, then the Council’s Debtors Section will pursue the debt and may pass it to a debt collection company.

Download the Form to Request Permission to Carry out Alterations (23KB)

Please complete the form and send to your local area office.