Following on from the update in December, the Scottish Government has provided further information on the secondary legislation to implement the necessary changes in the revised Code of Conduct for Property Factors (the Code).

The revised Code was laid before the Parliament on 15th January 2021 and published on the Scottish Government website on 18th January 2021, as required by the Property Factors (Scotland) Act 2011.  You can find the revised Code at: https://www.gov.scot/publications/code-of-conduct-for-property-factors-2021/

The final Order to bring into force a revised Code was laid before the Parliament on 19^th January 2021. 

The revised Code will come into force on 16^th August 2021, subject to approval from the Scottish Parliament.  In response to points made in a short consultation in November, the Scottish Government has provided a slightly longer timescale than was set out in the consultation, with a single date for implementation that will allow more time for planning to be undertaken to integrate the revisions into normal processes where possible. 

In addition, the Scottish Government has included in the draft Order, a provision for cases that are going through the tribunal at the time of implementation.  It has been decided that, on balance, the simplest and clearest solution for the cut off for the revised code to apply is the date of application to the tribunal.  The revised Code will apply to any application made to the tribunal after it comes in to force.

The revisions aim to clarify and strengthen the Code and will ensure that property factors work to a consistent standard and homeowners are clear on what they can expect.  

The Scottish Government no longer plan to lay a modification order to change the definition of a property factor at this stage.  Going forward, there is a plan to build on the revision of the Code and the information gathered so far will be considered as part of a wider review of policy.  The Scottish Government will continue to work with property factors, home owners and other stakeholders as they take this forward.