This service is managed by Planning and Regulatory Services
Housing standards
Below standard housing - the tolerable standard
Under Scottish law, all homes must meet a minimum standard to be considered fit for human habitation. This is called the tolerable standard, as set out in section 86 of the Housing (Scotland) Act 1987, as amended.
If we become aware of a home that falls below the tolerable standard, we have a legal duty to act - usually by requiring the owner to bring the property up to standard within a reasonable time. In extreme cases, we also have powers to close or demolish a property.
We do not offer grants to improve homes that fall below the tolerable standard.
It is not illegal to live in a home that does not meet the tolerable standard, but it is illegal to occupy a property where a closure or demolition notice has been served. If occupation has been prohibited, a council tax exemption may apply - our revenues and benefits team can advise.
When we will carry out an inspection
Our environmental health officers may inspect properties to assess whether they meet the tolerable standard. We will usually consider an inspection appropriate where:
- A complaint has been received
- The owner or occupier has requested one
- A property was previously found to be below the tolerable standard and sufficient time has passed to warrant a re-inspection
- An officer considers an inspection necessary
Please be aware that if you ask us to inspect your property, it may result in us requiring works to be carried out.
When we will not carry out an inspection
We will not generally inspect where:
- The property is a construction site with active works of repair, renovation or adaptation
- The property is owned by the council, unless the matter has already been through our official landlord complaints process
The repairing standard - privately rented homes
Privately rented homes must also meet the repairing standard. If you have concerns about the condition of a privately rented property, raise the matter with the landlord in the first instance. If that does not resolve things, contact our environmental health team, who may investigate to determine whether the landlord is required to carry out works.
Council housing and registered social landlord housing
There are separate standards for homes let by registered social landlords (RSLs), including the council. If you have concerns about the standard of a council or RSL property, raise the matter with the landlord in the first instance. If you need further help, you can contact the Scottish Housing Regulator.
Houses in multiple occupation (HMO)
A licence is required for any property where three or more unrelated adults live and share cooking, toilet or personal washing facilities. This includes hostels, bedsits, student residences and shared flats, where the property is the sole or main residence of those people. This is separate from a short-term let licence.
Applying for an HMO licence
To apply, you will need to complete the application form and display a site notice at the property. You will also need to submit the required supporting information and a completed certificate of compliance. All HMO properties must meet the required standards, and any licence granted will be subject to conditions.
The current fee for an HMO licence is set out in our fees and charges register.
All HMO licences are held on a public register.
Related resources
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HMO application form
This document contains Orkney Islands Council’s application form for granting or renewing a house in multiple occupation licence. It asks for details about the applicant, property, management, occupancy, planning, building work and criminal convictions. It also includes building standards checks for ventilation and appliances, plus a fire safety checklist and guidance on alarms, escape routes, equipment, training and maintenance. Applicants must sign the forms and provide supporting documents, including insurance and safety certificates.
Please be aware that this summary has been generated using AI.
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Certificate of compliance
This document contains a certificate for House in Multiple Occupation licence applicants. It confirms that the required public notice was displayed at or near the property for 21 days, with space to record any removal or damage and steps taken to replace it. The completed form must be signed and returned to Orkney Islands Council’s Environmental Health Manager.
Please be aware that this summary has been generated using AI.
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Licence conditions
This document contains the licence conditions for houses in multiple occupation under the Housing (Scotland) Act 2006. It explains the licence holder’s duties, including meeting Council standards, following legal requirements, keeping residents safe, preventing nuisance and vermin, reporting serious incidents, and staying within the maximum occupancy. It also covers displaying licence and safety documents, providing written tenancy agreements, keeping records for three years, and producing them when requested. No exemptions or relaxations apply to this licence.
Please be aware that this summary has been generated using AI.
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Site notice
This document contains a site notice for an application to licence a house in multiple occupation under the Housing (Scotland) Act 2006. It gives details of the premises, applicant and day-to-day manager, with spaces to complete these details. It explains how to submit written objections or representations to Orkney Islands Council within 21 days and must be displayed at or near the premises for that period.
Please be aware that this summary has been generated using AI.
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Guidance notes
This document contains guidance on applying for a House in Multiple Occupation licence from Orkney Islands Council. It explains when a licence is needed, who can apply, the documents, plans, fees and public notice required, and the need for planning and building approval. It also outlines inspections, consultation with public services, possible reasons for refusal, licence conditions, timescales and appeal rights. A licence must be issued before the property can operate as a House in Multiple Occupation.
Please be aware that this summary has been generated using AI.
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List of information to accompany an application
This document contains a checklist of information needed when applying for a house in multiple occupation licence from Orkney Islands Council. Applicants must provide detailed plans, tenancy or occupancy agreements and proof of ownership. Depending on the property, they may also need certificates for electrical, gas, oil, solid-fuel, lift and other equipment, plus fire risk, alarm and safety documents. Building warrants, completion certificates, planning permission or details of pending applications may also be required.
Please be aware that this summary has been generated using AI.
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HMO standards
This document contains Orkney Islands Council’s standards for houses in multiple occupation, covering licensing requirements and possible exemptions. It sets rules for occupant numbers, security, room sizes, kitchens, bathrooms, ventilation, lighting, heating and drying facilities. It also explains requirements for gas, oil, electrical and solid-fuel safety, carbon monoxide alarms, repairs, waste collection and fire risk assessments.
Please be aware that this summary has been generated using AI.
Private water supplies
A private water supply is any supply of water for domestic or commercial use that is not provided by Scottish Water. These supplies come from boreholes, wells, springs or burns.
Sampling and risk assessments
We carry out sampling and risk assessments in line with the relevant regulations. Supplies serving commercial or public activities, or more than 50 people, are sampled annually across a range of parameters. There is a charge for this, which is determined following a risk assessment. The purpose of the risk assessment is to identify where contamination is most likely and to ensure the supply is of drinking quality. Where samples fail or problems are identified, those responsible will always be required to make improvements. If necessary, we will take formal legal action.
Supplies serving fewer than 50 people for domestic use will generally only be sampled on request across a more limited range of parameters, and there is a charge for this. Owner-occupiers will always be told the outcome and given advice. We may require improvements depending on the circumstances.
If you have concerns about your water supply, please contact our environmental health team.
Grants
Grants of up to £800 per household are available to help improve private water supply quality. The grant is not means tested. You may be eligible if:
- Your home or business is in the Orkney Islands Council area and served by a private water supply
- The private water supply is the main or only source of drinking water for the premises
- Your supply needs improvement to bring it up to modern standards
If you share your supply with neighbouring properties, a joint application is usually the most effective approach.
In some cases, the cost of improvement will exceed £800 and you will need to meet any additional costs. Applicants receiving certain specified benefits may be entitled to 100% of the cost of essential works.
Please note - you must not begin any improvement works before your application has been approved and we have confirmed that the works are necessary.
Grants are not available for:
- New builds
- Properties under a closing order, demolition order or dangerous building notice
- Empty or unoccupied properties
Contact our environmental health team for more information or to request a grant application form.