Investigation and Commencement of Repair (Scotland) Regulations 2026
The Scottish Government has published guidance to help social and private landlords prepare for new legal duties on damp and mould, ahead of the Investigation and Commencement of Repair (Scotland) Regulations 2026 coming into force on 6 October 2026. Private landlords must have regard to this guidance when assessing whether a property meets the Repairing Standard.
From October, landlords across Scotland will be legally required to investigate reports of damp or mould within set timescales, and to begin any necessary repairs promptly once a problem is identified. These timescales are specified in the Investigation and Commencement of Repair (Scotland) Regulations 2006.
These Regulations modify the definition of repairing standard, adding to Section 13 of the Housing (Scotland) Act 2006 the following
“(ha) the house is substantially free from damp and mould,”,
In deciding whether the landlord has complied with the repairing standard duty, the First-tier Tribunal must have regard to the landlord’s compliance with Regulation 3 of the 2026 Regulations.
The new duties are commonly referred to as “Awaab’s Law,” in memory of two-year-old Awaab Ishak, who died after prolonged exposure to mould in his home in England.
A copy of the guidance and the regulations can be viewed at the links below below.