The requirement for fire and carbon monoxide detection and warning equipment to be added to the tolerable standard for housing in Scotland was moved from 1 February 2021 to 1 February 2022. The change was made by the Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Amendment Order 2021, made on 27 January 20211.
The Order was made by the Scottish Ministers under section 86(2) of the Housing (Scotland) Act 19871. It amends article 1 of the Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Order 2019, substituting "2022" for "2021"1. The 2019 Order is the instrument that introduces the new requirements for fire and carbon monoxide detection and warning equipment1.
The explanatory note to the Order sets out the effect:
"This Order amends the date on which the requirement for the installation of fire and carbon monoxide detection and warning equipment is added to the tolerable standard for housing, changing it from 1 February 2021 to 1 February 2022."
The same note records that no Business and Regulatory Impact Assessment was prepared, "as no significant impact upon business, charities or voluntary bodies is foreseen"1. A draft of the instrument was laid before and approved by resolution of the Scottish Parliament before it was made1.
| Item | Date |
|---|---|
| Order made | 27 January 2021 |
| Original date for the detection requirement | 1 February 2021 |
| Revised date for the detection requirement | 1 February 2022 |
The tolerable standard is the minimum condition a house must meet under the Housing (Scotland) Act 19871. The Order does not set out the technical specification of the equipment, the types of property covered or who is responsible for installation; those details sit in the 2019 Order and have not been reported here.
Why it matters for households
The tolerable standard is a condition threshold rather than a standalone safety scheme. Where a house falls below it, local authorities have powers to require work, and the standard is also used in assessing housing condition in the social and private rented sectors. Adding detection equipment to that standard means a property without it can be treated as not meeting the minimum tolerable condition.
The practical effect of this Order is timing. For the period between 1 February 2021 and 1 February 2022, the detection requirement was not part of the tolerable standard, so a house could meet the standard without that equipment. From 1 February 2022 the position changed.
For a household, the relevance is the link between detection and the risks it addresses. Carbon monoxide is produced by incomplete combustion in boilers, fires and other fuel-burning appliances, and it is not detectable by sight or smell. The wider context on carbon monoxide and home heating safety and the signs of carbon monoxide poisoning in the home sits alongside the rules on where a carbon monoxide detector should be fitted.
For renters, the interaction with tenancy law matters. The smoke and carbon monoxide alarm rules in rented homes and the Repairing Standard for rented homes in Scotland are separate from the tolerable standard, and the sources here do not describe how the three fit together. The Order itself is a regulation and policy measure rather than a change to homes and audiences duties.
What happens next
The revised date of 1 February 2022 is the only next step recorded in the Order1. No further commencement dates, transitional arrangements or guidance are set out in the instrument.