What is pressured area status?
The Housing (Scotland) Act 2001 allows Scottish Ministers to designate any part of a local authority area as a ‘pressured area’ for up to five years at a time, where the demand for social housing outstrips supply and it can be shown that this situation will be adversely affected by tenants exercising their right to buy. The result of the designation is to suspend the right to buy for certain tenants living in the area for a period of up to five years.
The purpose of pressured area status is to protect the amount of affordable rented housing in a Council area and to make sure that there are enough houses for people who need them.
Which tenants does pressured area status affect?
Essentially all tenants who have the modernised right to buy will have their entitlement suspended. It does not affect the right of tenants with the original right to buy (except for tenants who have succeeded to the original right to buy after 30 September 2002).
Any tenant who has started a new tenancy in the area will be covered by pressured area status designation. This includes tenants who, after 30 September 2002:
The pressured designation allows for a suspension period of five years or less. Although five years is the maximum period, the Council can apply for a further period of pressured designation, if we feel that it is necessary. We will assess each area individually.
This will depend on when you became a tenant and the right to buy entitlement you have. That is, if you have the modernised right to buy or not.
Pressured area status will last for five years from 7 March 2006. At the end of the five years we will have the opportunity to apply again for pressured area status. This will depend on whether it is still needed. We will consider each area will individually.
Yes. During this time you will not lose out on building up time towards qualifying for right to buy and discount.
No. If you transfer into a pressured area you will temporarily not be able to buy your council house. Your right to buy will be suspended. This will last whilst the area you live in remains a pressured area.
I currently live in a pressured area and I am looking for a transfer of tenancy to a different pressured area. What happens then?
If you currently live in a pressured area, and move to a different pressured area, you will temporarily not be able to buy your council house. This will last whilst the area you live in remains designated as pressured.
If you were a tenant before 30 September 2002 your rights remain the same. You will be eligible to buy your home. If you were not a tenant before 30 September 2002, your right to buy will be temporarily suspended. This will last whilst the area you live in remains designated as pressured.
Yes, if you meet the legislative criteria to purchase your house through right to buy, and your application was being processed before pressured area status was granted, then the sale will be honoured.
This will depend on when the other tenant’s tenancy started.
I am moving into a pressured area through a mutual exchange with another tenant. Can I still buy my council house?
No. If you move into a pressured area through a mutual exchange you will temporarily not be able to buy your council house. This will last whilst the area you live in remains a pressured area.
No. If you become a new tenant after 30 September 2002, through assignation, you will temporarily not be able to buy your council house. Original right to buy entitlements cannot be passed on through assignation. If you become a tenant through assignation, you will only have the modernised right to buy. You will temporarily not be able to buy your council house. This will last whilst the area you live in remains a pressured area.
This will depend on the level of priority that you were awarded succession. A person who succeeds to a tenancy held by someone with the original right to buy will retain that original right to buy only if they are a level one successor. If you were a spouse, co-habitee or a joint tenant, you will have the original right to buy. Level two and level three successors, i.e. family members and carers not on the joint tenancy, succeed only to the modernised right to buy. Under the modernised right to buy, pressured area status will apply. You will temporarily not be able to buy your council house. This will last whilst the area you live in remains a pressured area.
I am on the waiting list/transfer list and have been offered and refused a house in a pressured area. Will this be counted as one of my offers of housing?
Yes. If you refuse a house simply because it is in a pressured area, we will consider that you have refused a reasonable offer of housing. If you are worried about the areas you have chosen on your housing application form or would like to change any of them as a result of pressured area status, please tell us.
No. If you live in a tied house, you do not have the right to buy, regardless of where you live.
No. If you live in sheltered housing, you do not have the right to buy, regardless of where you live.
For more information, please contact the Housing Strategy Officer.