The Scottish Government has confirmed their intention to lay new Regulations before the Scottish Parliament in the first procedural milestone in implementing Awaab’s law, named after the two-year old Awaab Ishak who died in 2020 from a respiratory condition caused by prolonged exposure to mould in his home. Brodies have discussed Awaab’s law in previous blogs.

Subject to approval, the proposed Investigation and Commencement of Repair (Scotland) Regulations 2026 will impose timescales for both social and private landlords to investigate and repair certain types of hazards that present a significant risk to their tenants’ health and safety. The detail of the Regulations is awaited and we will share further details once they become known.

Whilst the intended implementation date is 1 March 2026, it is thought that implementation will be delayed until later in the year to allow for the Regulations to be approved and the supporting Guidance to be published.

With the first phase of Awaab’s law on the horizon, social landlords should take steps to prepare now. If have any queries about how the introduction of Awaab's Law will impact you, or for social housing or health and safety support more generally, please get in touch with Fiona McLeod, Amy Anderson or your usual Brodies contact.

Contributors

Fiona McLeod

Partner

Amy Anderson

Senior Associate