Defective designation repeal: guidance
Guidance relating to the repeal of the defective designation on 12 types of precast reinforced concrete construction.
Through section 99 of the Housing (Scotland) Act 1987, twelve types of precast reinforced concrete (PRC) construction houses were designated as defective. These were:
- Ayrshire County Council (Lindsay)
- Blackburn Orlit
- Boot
- Dorran
- Myton-Clyde
- Orlit
- Tarran
- Tarran-Clyde
- Tee Beam
- Unitroy
- Whitson-Fairhurst
- Winget
The designation was originally introduced to provide assistance to home owners affected by a structural flaw present in the design of some houses, and there was a scheme of assistance for owners which ran from 1984 to 1994. This scheme no longer provides any benefits to owners and, in practice, the legislation limits the availability of mortgage finance and restricts house sales. From 30 July 2018 the designation is repealed by section 99 of the Housing (Scotland) Act 2014.
To support owners of these types of PRC home, and mortgage lenders, the Scottish Government commissioned the Buildings Research Establishment to prepare guidance on the recognition of repair and remedial works carried out on homes classed as defective under the 1987 Act.
The repeal of the defective designation, and the supporting guidance, is intended to encourage changes in lending for these types of PRC home. However, owners and potential buyers should bear in mind that any lending is a commercial decision for mortgage lenders and the Scottish Government cannot intervene in lenders' policies or in decisions made in individual cases.
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