Response 885293571

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Introduction

1. Are you responding as an individual or an organisation?

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2. What is your name or your organisation's name?

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Citizens Advice Scotland

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Page One

1. Should the proposed Regulations be made?

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Yes
No
Comments:
CAS welcomes the opportunity to comment on The Tenements (Scotland) Act 2004 (Heating Services)
Regulations and are supportive of the proposed regulations and the move to implement a mechanism which enables consumers living in tenement properties to connect to district/communal heat or gas networks. Whilst we have no substantive concerns with the detail of the proposed regulations, we would request further information clarifying how the detail of the proposed changes and any guidance regarding these will be promoted and communicated to consumers.

2. Do you have any comments on the draft Regulations, including on the proposed procedure for the installing owner to follow?

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Yes
No
Comments
We are satisfied that the proposed installation notice procedure requires the installing officer to provide sufficient detail to each owner of the other parts of the tenement. However there may be issues with these notifications consistently reaching the property owners. This will be particularly relevant if the property is rented out or not occupied. Guidance should be issued to ensuring that the installing owner is aware of the process involved to ensure that both landlords and tenants are informed of the work. This will likely involve notifying their local council to ensure landlord notifications are directed to the correct owner.

3. Do you have any comments on the proposal that if objections are received, the installing owner must propose an alternative dispute resolution process unless this is not suitable?

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Yes
No
Please give reasons for your answer
We welcome the proposal to suggest an ADR however further detail is required to define what is 'cost effective' in this instance.

4. The draft Regulations provide a default scheme in order to protect existing title conditions which may be contained within individual homeowners’ title deeds. Is this the correct approach?

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Yes
No

5. If a section 104 Order under the Scotland Act 1998 is made in relation to the installation of gas pipes in common parts of tenements, should the same procedures as outlined in the draft Regulations for heating services apply?

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Yes
No

6. Do you have any other comments you would wish to make?

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Yes
No