About Home Reports

About Home Reports > Enforcement Measures

Trading Standards Officers can ask for a copy of the Home Report documents

• The Home Report legislation is enforced by the local authority's Trading Standards officers.
• A Trading Standards officer may ask seller or selling agent of the home for a copy of any of the Home Report documents for inspection purposes.
• The request by the Trading Standards officer must be made within six months of the last date that the seller or selling agent was involved in marketing the home.
• The seller or selling agent has seven days to provide the Home Report document(s) requested by the Trading Standards officer.
• The seller or selling agent need not provide the Home Report document(s) requested by the Trading Standards officer if they have a reasonable excuse for not complying with the request.

Penalty charge notices

• If the Trading Standards officer decideds that the seller or selling agent is in breach of their duties under the Housing (Scotland) Act to possess the Home Report documents and give them to prospective purchasers, then a penalty charge notice may be issued.
• The amount of penalty charge is £500 as a debt owed to the local authority.
• The penalty charge notice must be issued within six months od the date that the Trading Standards officcer decides that the seller or selling agent is in breach of their duties under the Housing (Scotland) Act to possess the Home Report documents and provide them to prospective purchasers.
• The penalty charge notice must say:
  - how much time the seller or selling agent of the property has to pay the penalty charge (not less than 28 days, beginning with the day after that on which the penalty charge notice was given). The Trading Standards officer may extend the state period if it considers it appropriate to do so.
  - how long the seller or selling agent of the property has to give notice that they wish the Trading Standards officer to review the notice (not less thatn 28 days, beginning with the day after that on which the penalty charge notice was given). The Trading Standards officer may extend the stated period if he or she considers it appropriate to do so.
  - the person to whom and the address at which the penalty charge may be applied.
  - the method or methods by which payment may be made.
  - the person to whom and the address to which a notice requesting a review may be sent.

What happens if the recipient of the penalty charge notice requests a review?

If the recipient of the penalty charge notice requests a review, the local authority must:

• consider any representations made by the recipient and all other circumstances of the case.
• decide whether to confirm or withdraw the fixed penalty notice.
• serve notice of their decision on the recipient.

Withdrawing the penalty charge notice, following the review:

• the local authority must withdraw the penalty charge notice if it is satisfied that the recipient did not breach the duty specified in the notice or if the notice was not given within the time allowed or did not comply with the other requirements mentioned above.
• The local authority may withdraw the penalty charge notice if it is satisfied that the recipient is unlikely to commit a further breach of the duty specified in the notice.

Confirming the penalty charge notice, following the review

• If after a review the penalty charge notice is confirmed by the local authority, the recipient may appeal against the penalty charge notice to the sheriff court for the area in which the house is located.
• An appeal against a penalty charge notice must be made within 28 days of the date of the notice of the local authority's review decision.
• If there is just cause, a sheriff may decide to hear an appeal made more than 28 days after the date of the notice of the local authority's review decision.
• An appeal must be made on one or both of the following grounds:
  - that the recipient did not commit the breach of duty specified in the penalty charge notice; or
  - that the notice was not given within the time allowed or did not comply with any other requirements under the Housing (Scotland) Act 2006.
• The sheriff must determine an appeal against a penalty charge notice by upholding or quashing the notice.
• The recipient of the local authority may appeal against the sheriff's determination to the sheriff principal on a point of law only.

Payment of the penalty charge

• If the penalty charge notice is withdrawn or quashed, the local authority must repay the £500 previously paid by the recipient.
• The amount of the penalty charge is recoverable from the recipient of the penalty charge notice as a debt owed to the local authority unless the notice has been withdrawn or quashed or the charge has been paid.
• The local authority may not start proceedings to recover the penalty charge before the date the recipient was given within whcih to pay the penalty charge or where within the period the recipient has to pay the penalty charge notice, the recipient requests the local authority to review the penalty charge notice or where the recipient appeals the sheriff's decision within 28 days.

 

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