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New repairing standard elements commence

New elements of Scotland's repairing standard covering safe kitchens, fixed heating, safe access to common parts, secure common doors, residual current devices and other fuels took effect for private rented homes on 1 March 2024.

A newspaper on a kitchen table beside a model of rules and regulation

New elements of the repairing standard for private rented housing in Scotland came into force on 1 March 2024, the Scottish Government has confirmed. The changes add requirements on safe kitchens, fixed heating, safe access to common parts of tenements, secure common doors, residual current devices and fuel types beyond gas and electricity1.

The measures were laid in the Scottish Parliament on 12 December 2018 as the Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019 and the Housing (Scotland) Act 2006 (Supplemental Provision) Order 20191. The Scottish Government said landlords were given five years to carry out work to bring housing up to the new elements, which is why they took effect from 1 March 2024 rather than 20191.

The individual provisions are:

ElementRequirementIn force
Safe kitchensSafely accessible food storage and food preparation space1 March 20241
Fixed heating systemA fixed heating system must be present1 March 20241
Safe access to common partsTenant must be able to safely access and use common parts of a tenement1 March 20241
Safe and secure common doorsCommon doors secure, with locks openable from inside without a key1 March 20241
Residual current devicesElectrical installations must include an RCD1 March 20241
Other fuelsDuty on gas and electricity installations extended to any other fuel type1 March 20241

The Scottish Government described the residual current device as "a device to reduce the risk of electrocution and fire by breaking the circuit in the event of a fault"1. On common doors, it said guidance "will specify that locks must allow users to open them from the inside without a key so that they do not inhibit exit in the event of a fire"1.

"Other changes include provisions as follows: a minimum standard for safe kitchens; a fixed heating system; safe access and use of common facilities including secure common doors; residual current devices; all fuel types supplying the property to be in a reasonable state of repair and in proper working order; and a requirement that landlords have regard to Scottish Government guidance on the condition of pipes supplying water."
Scottish Government consultation feedback, source2

Separately, the repairing standard was amended so that a private rented house must meet the statutory tolerable standard, which the Scottish Government describes as "the minimum standard for all housing", with a house below it "considered to be unfit for human habitation"1. That change took effect from 1 March 2019, as did clarification that a tenement flat does not fail the standard where a majority of owners refuse consent to work on common parts, and that holiday lets of less than 31 days are excluded1.

Why it matters for households

The repairing standard is the minimum condition a private rented home in Scotland must meet, and tenants can raise failures with the First-tier Tribunal1. The 2024 additions mean a rented home's heating, kitchen, electrical safety and building access are now part of that enforceable standard rather than matters of repair alone. For a household, a fixed heating system and an RCD bear directly on whether a home can be kept warm and used safely, while the extension to "any other type of fuel" brings installations such as oil or LPG within the same duty as gas and electricity1. Homes off the gas grid are covered by that extension, and the Repairing Standard for Rented Homes in Scotland sets out how the standard operates in practice. The wider framework of landlord duties on energy, heating and home safety sits alongside it.

The Scottish Government has also stated an intention that guidance should specify that a house "should be free of lead pipes from the boundary stopcock to the kitchen tap", with a water quality test where this cannot be confirmed, applying to private rented housing from 1 March 20241.

What happens next

The exclusion of tenancies on agricultural land is removed, bringing crofting, small landholder and agricultural holdings tenancies within the repairing standard from 28 March 20271. Fire, smoke and carbon monoxide alarm standards were moved into the tolerable standard and extended to all tenures from 1 February 20221.

Minimum energy efficiency standards for privately rented homes, proposed at EPC C equivalent by 2028, are separate from the repairing standard and have not been reported as in force3. The Scottish Government's 2025 periodic report records that in October 2024 a decision was taken "to pause the work on the tenure-neutral housing standards and to also delay the public consultation we had planned for 2025"3.

Sources3 cited
  1. Regulations to modify repairing standard: summary - gov.scot, gov.scot
  2. [Energy efficiency and condition standards in private rented housing: A Scotland’s Energy Efficiency Programme Consultation