The Investigation and Commencement of Repair Regulations – Scotland
Ensuring your properties meet the highest standards of safety and habitability is not just a legal requirement; it is the foundation of resident well-being. With growing legislation surrounding hazards in rental properties, Aico provide the technology and data insights needed to ensure total compliance.
What are The Investigation and Commencement of Repair Regulations Scotland?
The Investigation and Commencement of Repair Regulations introduce enforceable timescales for the investigation, reporting and repair of damp and mould cases to both the private and social rental sector.
This legislation aims to ensure that tenants are not left living in properties with damp and mould, which can cause serious health consequences, for extended periods of time. Additionally, it allows landlords to be held accountable if they are not taking the necessary steps to resolve these cases.
Understanding the Legislation
The Investigation and Commencement of Repair Regulations will come into force on the 6th October 2026.
This will be applied to the private rental sector as an amendment to the Repairing Standard Scotland (Housing (Scotland) Act 2006). This means that the First-tier tribunal will need to consider whether the repair timeframes have been met when judging a landlord’s overall compliance with the Repairing Standard. If these timelines are not met, a Repairing Standard Enforcement Order could be issued.
In the social rental sector, the legislation will be enforced as an amendment to the Scottish Secure Tenants (Right to Repair) Regulations 2002. If a social landlord is found to be non-compliant, then they may have to pay compensation to the tenant.
The specific timeframes for repair are as follows:
- An investigation must take place within 10 working days of the landlord becoming aware that damp and/or mould is present
- A written summary of the investigation findings must be issued to the tenant within 3 working days of the investigation completing
- If the investigation determines that work is required to ensure the safety of the resident, this work must begin within 5 working days of the investigation concluding
Who does it apply to?
The new legislation will apply to all rental properties within Scotland, including:
How Aico’s HomeLINK Technology Ensures Compliance
Compliance is no longer just about cleaning away surface mould or resolving damp issues; it’s about evidencing that you have identified the root cause and taken all reasonable steps to protect your residents’ overall health.
Our Case Management system acts as a dedicated damp and mould case dashboard, allowing social and private landlords to ensure objectives are being met within the relevant timeframes to stay compliant. Its recent update has been specifically designed to help Scottish landlords meet new damp and mould legislation and reporting metrics.
- Automated ARC Reporting: Effortlessly generate the data required for Scottish Housing Regulator (SHR) Indicators 31, 32, and 33.
- Rapid Damp and Mould Investigation: Use real-time data from Environmental Sensors to proactively identify properties where damp and mould could arise, even before a hazard is reported.
- Root Cause Identification: Differentiate between structural and environmental factors contributing to damp and mould within a property, ensuring your remediation is effective and compliant.
Fire & CO Protection
To meet Scotland’s tolerable standard for fire safety, alarms must be interlinked and installed in all circulation spaces, the room most frequently used for daytime living purposes, and the kitchen.
- Interlinked Protection: SmartLINK technology fulfils the requirement in the tolerable standard for smoke alarms to sound simultaneously across the property.
- Data-Driven Maintenance: Use the Gateway to remotely monitor alarm head removal or battery failures, ensuring you never fall foul of a Repairing Standard Enforcement Order.
Frequently Asked Questions
What is the new law on damp and mould in Scotland?
What is the new law on damp and mould in Scotland?
Legislation introduced in 2026 mandates that landlords must investigate any report of damp or mould within 10 working days and begin repairs within 5 days. This new law on damp and mould aims to prevent long-term health issues for residents.
What are the requirements in the Repairing Standard (Scotland) for smoke alarms?
What are the requirements in the Repairing Standard (Scotland) for smoke alarms?
Properties must have one smoke alarm in the most frequently used living room, one in every hallway/landing, and a heat alarm in the kitchen. All must be interlinked and either mains-powered or 10-year tamper-proof battery-powered.
How does HomeLINK technology help with a Repairing Standard Enforcement Order?
How does HomeLINK technology help with a Repairing Standard Enforcement Order?
By providing a clear, timestamped history of environmental conditions and alarm statuses, Aico’s HomeLINK technology gives landlords the evidence needed to prove they have met their duty of care and followed statutory guidance for damp and mould investigation.
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