Housing Service Permissions Policy 2023

1.1 The Policy aims to assist Stirling Council Housing Services in its responsibilities as a social landlord. This will help to ensure that tenants’ homes are safe, secure and well maintained. From time to time however, tenants may wish to improve their property and carry out alterations or improvements themselves.

1.2 This Permissions Policy sets out the responsibilities and criteria to be used when a tenant requests permission to alter or improve their property. It will also highlight where compensation for certain qualifying works can be paid when a tenancy comes to an end. Any compensations will follow The Scottish Secure Tenants (Compensation for Improvements) (Scotland) Regulations 2002.

1.3 The Permissions Policy objective is to provide a reference document for tenants and staff in order to maintain consistency, transparency and equality with the decisions made and to ensure decisions reached are clear and uniform in the criteria used in making assessments.

1.4 Its purpose is also to ensure the health, safety and/or security to our tenants, to prevent deterioration to our properties, to support health and wellbeing in the home, to ensure legal compliance and/or compliance with regulations, and to avoid nuisance or disturbance to other tenants or residents.

1.5 Furthermore, as well as complying with legislation the Permissions Policy will assist the Housing Service to meet the aims and priorities detailed in the Housing Business Plan, the Council’s relevant key priorities and the relevant outcomes set out by the Scottish Social Housing Charter.

2.1 Permission from the service is required before any alteration or improvements are started. All requests for such permission must be received in writing or by email to housingpermissions@stirling.gov.uk. Tenants can also contact Housing Services through their Housing Officer or by telephoning the contact centre on 01786 404040 for support in applying for permission.

2.2 All requests will be acknowledged by return email or letter confirming or declining approval which will be issued within 28 days of receipt of the application. If a decision cannot be reached within the 28 day time period an acknowledgement of application receipt will be issued within 28 days. No property changes should be made until written permission is granted.

• All requests will be considered using the following criteria:
• Any risks the proposed works may present to the occupiers or any other premises or to the property;
• The impact the proposed works will have on neighbours and their property; and
• Any cost implications for the Council;
• Any maintenance implications to the Council;
• Any effect the work will have on future lettings;
• Any effect the work will have on the accommodation provided;
• Any environmental impacts (negative or positive);
• Any code of practice or guidance in relation to equalities;
• Any relevant legislation, regulations, local policies and council priorities.
• Any current or future building fabric needs, uses or material adaptation requirements.
• The existing building design and construction type aligned to the technical feasibility of proposals.
• Any impacts to the Energy Performance Certificate (EPC) rating.
• Any impacts to current energy efficiency measures already implemented within the property, including the voiding of warranties, etc.
• The level of possible disruption (noise, dust, inconvenience, etc.) to neighbouring properties during works.

Permission will be granted subject to the following conditions being agreed and met:

• Where an alteration affects any other party (e.g. neighbour) evidence of the agreement must be submitted with the application for permission;
• The tenant will be responsible for the maintenance of the improvement;
• The tenant will be responsible for obtaining all necessary statutory approvals, such as Building Warrants, Planning Permission’s, etc., and, where applicable, land superior’s approval.
• Acceptance of full liability for any resultant damage or any encumbrance due to the installation and for the removal should a repair be necessary to any other element of the building, services, public utilities or common grounds.

The table below outlines some of the most common permission requests received that will be considered for granting along with the aforementioned standard conditions. Further conditions may also apply in specific circumstances. The table also outlines some common requests which will not be granted

The table above is not intended to be an exhaustive list and merely outlines the most common type of requests. Any requests not outlined above will be considered fairly and transparently on its merit in line with this policy and the guidance stated in section 2.3

2.6 Where permission has not been granted Housing Service will always give an explanation of the reasons and these will endeavour to relate to the criteria in section 2.3 of the permission policy. Housing Service officers will also seek to assist tenants in understanding the reasons for the request and offer advice, signpost services or take additional action as appropriate on any alternative solutions or suitable routes open to the tenant.

2.7 Where the applicant does not agree with either the reasons for refusal or any of the conditions applied to the consent, a complaint should be lodged using Stirling Council’s Complaints Procedure. Where the complaint has been unsuccessful the applicant has the right to apply to the Scottish Public Services Ombudsman or to make an application to the Sheriff.

2.8 If an alteration or improvement has taken place without prior written permission Housing will use the same decision making criteria however if retrospective permission is refused, it is the tenant’s responsibility to change any alterations back to the original condition. If this request is not complete within a mutually agreed timescale through notification by the service, Housing will carry out the works and invoice the tenant under the repairs policy and the tenant to pay procedure.

2.9 At the end of a tenancy where a tenant has had consent to do the work, compensation will be assessed using relevant guidelines, currently The Scottish Secure Tenants (Compensation for Improvements) (Scotland) Regulations 2002, which sets out work that qualifies, the amount of compensation, circumstance where the compensation will not be paid and the disputes procedure.

The Policy will be reviewed every five years and also in response to:

• Legislative changes;
• Council strategy or Policy changes; or
• Discovery of ineffective Policy terms.