ScottishNews.com

Ministers are exploring the introduction of Compulsory Sale Orders, which could allow local authorities to require a property to be put up for sale without the permission of its owner.

The potential new power is aimed particularly at buildings and land which have been vacant or derelict for long periods and are having a damaging impact on surrounding communities.

A Scottish Government consultation found strong support for the principle, with 69% of those who answered the question agreeing councils should be able to instruct the sale of a property without its owner’s permission.

Support was particularly strong among public bodies. All 17 local authorities which answered the question backed the proposal, while 85% of organisations responding were in favour.

Individual respondents were less convinced, with 58% opposed and 42% in support.

Compulsory Sale Orders do not currently exist in Scotland and the Scottish Government has stressed that the proposals remain at an exploratory stage.

However, ministers confirmed last week that they will continue examining whether the new powers could offer advantages over the existing compulsory purchase system.

The idea has been proposed as a way of dealing with buildings which have been left deteriorating for years while councils have been unable to persuade their owners to repair, redevelop or sell them.

Respondents to the consultation suggested the power could be appropriate where buildings were in a serious state of disrepair, sites had been neglected for long periods without plans for reuse or properties were contributing to problems including vermin, antisocial behaviour and blocked common repairs.

It could also potentially be used where an owner cannot be traced or has repeatedly failed to respond to attempts by a council to bring a property back into use.

Supporters believe the mechanism could help regenerate town and city centres, remove barriers to development and potentially bring empty properties back into use during Scotland’s housing emergency.

Unlike a conventional Compulsory Purchase Order, the council would not necessarily have to buy the property itself before it could be redeveloped.

The original Scottish Government consultation suggested this could make the process more straightforward, quicker and cheaper because councils would not need to provide the capital required to purchase the property.

However, the subsequent consultation has also raised doubts about whether a Compulsory Sale Order would actually prove much simpler than existing powers.

Some 72% of respondents answering a separate question said the procedures for preparing one should be equivalent to those used for a Compulsory Purchase Order.

Concerns were also raised over property rights, legal disputes, council resources and the safeguards which would be required before an owner could be compelled to sell.

The Scottish Government said any new system would have to justify the infringement of property rights under the European Convention on Human Rights.

It will now examine whether Compulsory Sale Orders could offer clear advantages over a modernised compulsory purchase system before deciding whether to take the idea further.

The government is separately pressing ahead with a major overhaul of Scotland’s existing compulsory purchase laws.

Ministers intend to introduce legislation during the current parliamentary term to replace centuries-old legislation with a single Compulsory Purchase Act and make the process faster and simpler.

The reforms are intended to make it easier for councils and other public authorities to use compulsory purchase to unlock regeneration projects, infrastructure developments and empty or derelict properties.

The Scottish Government will also work with Glasgow City Council, which is piloting the use of existing compulsory purchase powers to acquire empty properties before selling them on as private development opportunities.

Ministers said lessons from the Glasgow scheme could help determine whether Scotland needs a separate Compulsory Sale Order system.