The proposed Investigation and Commencement of Repair (Scotland) Regulations 2026 are set to become a defining moment for how damp and mould is managed across the sector.

For the first time, there is a clear legal expectation that homes must be “substantially free from damp and mould”.

Alongside this, strict timeframes are introduced: investigations within 10 working days, findings within 3 working days, and works commenced within 5 working days.

But beyond the timescales, it is the wording that may have the most lasting impact.

Homes must not only be free from damp and mould but remain so “so far as reasonably practicable”.

A shift already underway

At the same time, this year marks the first reporting cycle for the Scottish Housing Regulator’s new ARC indicators on damp and mould.

For the first time, landlords will be measured not just on response times, but on how long cases take to resolve, how many remain ongoing, and how many are reopened.

That shift matters. It moves the focus away from how quickly we act to whether the issue has actually been resolved.

A sector under pressure

The scale and persistence of damp and mould issues are well documented.

Across the UK, hundreds of thousands of homes are affected, with estimates suggesting around 10% of properties in Scotland experience damp and mould. The Housing Ombudsman continues to report damp and mould as a dominant issue in complaints, accounting for around half of all cases.

What these figures highlight is not just prevalence, but persistence. Research suggests that at least one in five cases are reopened, pointing to recurring issues rather than one-off failures.

Taken together, this raises an uncomfortable question: are we fixing the problem, or simply managing it?

Why “reasonably practicable” matters

The phrase “so far as reasonably practicable” introduces an important, and potentially challenging, expectation.

It raises questions around what level of investigation is enough, what evidence is needed to demonstrate the root cause has been addressed, and at what point a landlord can be confident the issue will not return.

This is where traditional approaches come under pressure.

Short-term or cosmetic treatments may deal with visible signs, but where underlying factors remain - whether building performance, ventilation, heating patterns or occupancy - the risk of recurrence remains.

From speed to sustainability

What is emerging is a clear shift in expectation.

From responding quickly to resolving effectively. From closing cases to preventing recurrence.

This is not just a regulatory change; it is a change in how success is defined.

A case that is resolved quickly but reappears weeks later is not a success.

The sector’s next test

The coming months will be telling.

As landlords begin reporting against the new ARC indicators, and as the proposed regulations move closer to implementation, we will start to see how “reasonably practicable” is interpreted across the sector.

In reality, there is unlikely to be a single consistent approach. Different organisations will respond differently, influenced by stock, resources and local pressures.

But the direction of travel is clear.

The expectation is shifting - not just towards faster action, but towards outcomes that last. And that will require a deeper understanding of what is happening within homes, and why.

This isn’t about doing more. It’s about doing it properly with the opportunity to reduce repeat cases and deliver better, more consistent outcomes for tenants.