Menu Page > Client Home Page > Legislative Changes
2008
- 01/12/08 - From this date, houses for sale in Scotland will have to be marketed with a Home Report, similar to the HIP and Home Condition Report.
2009
- 04/01/09 - Energy Performance of Buildings (Scotland) Regulations 2008 come into effect. It should be noted that this date will have implications for buildings that are part-way through a conveyancing or renting out process and that the requirements of regulation 5 will apply from that date. Regulation 5 requires the owner to make available the most recent energy performance certificate to the prospective buyer or tenant. It is not possible to charge for this service. In most cases, the certificate will be included in the property particulars.
- 16/01/09 - The Health and Safety Offences Act 2008 comes into force. Amending Section 33 of the Health and Safety at Work Act 1974, it raises the maximum penalties which can be imposed by lower courts on those who breach health and safety legislation from £5,000 to £20,000. The Act also increases the range of offences for which an individual may be imprisoned in both the lower and higher courts, and makes certain offences, which are currently only triable in the lower courts, triable in both lower and higher courts. Before being approved this time, the Health and Safety Offences Bill had been presented - and rejected - four times in the House of Commons. So those who commit offences under health and safety law are more likely to be treated as common criminals. This new Act does not impose any new health and safety duties on managing agents or others; it is there to concentrate the minds of those with health and safety responsibilities. It is also in addition to the Corporate Manslaughter Act which carries a new offence for directors where there is a gross breach of health and safety duties.
- S156 CLRA 2002 is almost certainly going to be implemented early in 2009 and will require separate bank accounts for service charge funds of a particular building to be held in new designated accounts separate from other payments made by the lessee e.g ground rents, admin charges etc. Where a payment is made that combines say service charges and ground rent then the agent can pay it into the designated client bank account for service charges, BUT extract the ground rent as soon as possible to a separate client account. ARMA expects that agent should have a letter from bank that clearly states it recognises the "trust" status of the account or accounts.
- S152 CLRA 2002, also likely to be implemented early in 2009, requires that an annual statement of account is to be provided to service charge payers. Content is still to be prescribed, but will have to be accompanied by independent accountant's report.
