The Housing (Scotland) Act 2025 (Commencement No. 4 and Transitional Provisions) Regulations 2026
S.S.I. 2026/286 · Made 7 October 2026
HOUSING
Made 7th October 2026
Laid before the Scottish Parliament 9th October 2026
Coming into force 9th November 2026
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 86(2) and (4) of the Housing (Scotland) Act 2025f1.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation, commencement and interpretation
- 2Appointed days
- 3Transitional provisions
- Signature
- Schedule: Appointed days
- 1Provisions coming into force on 9 November 2026
- 2Provisions coming into force on 1 April 2027
- 3Provisions coming into force on 1 August 2027
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Housing (Scotland) Act 2025 (Commencement No. 4 and Transitional Provisions) Regulations 2026.
These Regulations come into force on 9 November 2026.
2Appointed days
9 November 2026 is the day appointed for the coming into force of the provisions of the 2025 Act specified in column 1 of the table in Part 1 of the schedule (the subject matter of which is described in the corresponding entry in column 2 of that table).
1 April 2027 is the day appointed for the coming into force of the provisions of the 2025 Act specified in column 1 of the table in Part 2 of the schedule (the subject matter of which is described in the corresponding entry in column 2 of that table).
1 August 2027 is the day appointed for the coming into force of the provisions of the 2025 Act specified in column 1 of the table in Part 3 of the schedule (the subject matter of which is described in the corresponding entry in column 2 of that table).
Where a purpose is specified in column 3 of the table in Part 1 of the schedule, the corresponding provision in column 1 comes into force, in accordance with this regulation, only for that purpose.
3Transitional provisions
Sections 16 and 17 of the 2025 Act apply only to a request for information issued under section 14(1) or (2) of the 2025 Act on or after 1 April 2027.
The modifications of the 1988 Act made by section 32 of the 2025 Act apply only in relation to conduct described in section 36(1) or (2) of the 1988 Act which takes place on or after 1 April 2027.
The modification of section 89 of the 2001 Act made by section 54 of the 2025 Act applies only to an assessment conducted by a local authority under section 89(1) of the 2001 Act on or after 1 August 2027.
Signature
SHIRLEY-ANNE SOMERVILLE
A member of the Scottish Government
St Andrew’s House,
Edinburgh
7th October 2026
1Provisions coming into force on 9 November 2026
| Column 1 (Provisions of the Act) | Column 2 (Subject matter) | Column 3 (Purpose) |
|---|---|---|
| Section 61(2) | New pitch fees: considerations | For all remaining purposes |
| Section 74 | Disclosure of information to new homes ombudsman |
2Provisions coming into force on 1 April 2027
| Column 1 (Provisions of the Act) | Column 2 (Subject matter) |
|---|---|
| Section 16 | Information holder’s failure to provide information sought |
| Section 17 | Information holder’s provision of false information |
| Section 32 | Unlawful eviction: notification and damages |
| Section 59 | Annual report on Housing First |
3Provisions coming into force on 1 August 2027
| Column 1 (Provisions of the Act) | Column 2 (Subject matter) |
|---|---|
| Section 54 | Assessment of housing support services |
| Section 55 | Local authorities etc.: consideration of domestic abuse |
Explanatory note
(This note is not part of the Regulations)
These Regulations bring into force a number of the provisions of the Housing (Scotland) Act 2025 (“the Act”) on 9 November 2026, 1 April 2027 and 1 August 2027.
Sections 16 and 17 of the Act are being brought into force on 1 April 2027. Those sections provide an enforcement procedure whereby a local authority or the Scottish Ministers can apply to the First-Tier Tribunal for a financial penalty to be imposed on a landlord who fails to respond to a request for information made under section 14 or provides false information in response to such a request. Regulation 3(1) provides that these sections are applied only in relation to prospective requests for information.
Section 32 of the Act is being brought into force on 1 April 2027. Section 32 amends the Housing (Scotland) Act 1988 to make changes to the calculation of damages for unlawful eviction. Regulation 3(2) provides that these changes are applied only in relation to prospective unlawful evictions.
Section 54 of the Act is being brought into force on 1 August 2027. Section 54 amends section 89 of the Housing (Scotland) Act 2001 to add the provision of housing support services to the list of things a local authority must assess in the course of preparing a local housing strategy. Regulation 3(3) provides that this change is applied only in relation to prospective assessments.
Section 55 is being brought into force on 1 August 2027. Section 55 changes the use of the term “abuse” in the Housing (Scotland) Act 1987 and adds a definition of that term in section 43 of that Act.
Section 59 is being brought into force on 1 April 2027. Section 59 requires the Scottish Ministers to publish an annual report on Housing First tenancies.
Section 61 of the Act changes the uprating index for mobile home pitch fees from the Retail Prices Index to the Consumer Prices Index. Section 61 has already been brought into force for the purposes of pitch fee increases on or after 1 April 2026. Section 61(2) contains a power for the Scottish Ministers to further change the uprating index via regulations and these Regulations bring that provision fully into force on 9 November 2026.
Section 74 of the Act is being brought into force on 9 November 2026. Section 74 amends schedule 5 of the Scottish Public Services Ombudsman Act 2002 to enable the Ombudsman to share relevant information with the new homes ombudsman created under the Building Safety Act 2022.