Some sections of the Repairing Standard are referred to on this page but full context please refer to The Repairing Standard Statutory Guidance for Private Landlords (www.gov.scot) . 

The Tolerable Standard states that properties should have an adequate piped supply of wholesome drinking water. Statutory guidance on the Repairing Standard, which came into effect on 1 March 2024, now specifies that the property should be free of lead pipes from the boundary stopcock to the kitchen tap.

Most properties let by landlords in Scotland are in urban areas and have a public water supply from Scottish Water. Properties in more rural or remote parts of Scotland may have a private water supply. Private water supplies in Scotland are the responsibility of owners and users and are regulated by local authorities.

Unwholesome water supplied for domestic purposes must not contain any microorganism or any substance at a concentration or value which would constitute a potential danger to human health.

An unusual colour or odour can be an indicator of a problem with water quality and could indicate that the water may not be wholesome, in which case further investigation will be required.

In order to comply with the Repairing Standard, the water supply in any property rented to a tenant must satisfy three conditions: availability, adequacy and continuity.

• Availability – wholesome water should be available to the tenants from at least one tap inside the house.
• Adequacy supply means that the tenant has access to a reasonable quantity of water within a reasonable time.
• Continuity breaks in supply are most often an issue for private water supplies.

What do you need to do?

Do you know the property is lead free from the boundary stopcock to the kitchen tap? This may be the case if it is a modern property, as the use of lead pipes was banned in 1969. Alternatively, you may know this if you’ve previously exposed or replaced all the pipework from the boundary stopcock to the kitchen tap.

Yes – no further action is required. The property complies with the lead pipe duties in the Repairing Standard.

No – Arrange for the water to be tested for properties connected to the public water supply, you may request Scottish Water take a sample from the cold tap at the point of entry to the property (in most properties this will be the kitchen sink) which will be done free of charge. Phone 0800 0778 778 for this service (Scottish Water will usually only take bookings from tenants) or use a laboratory accredited by UKAS to BS17025.

Most testing providers will recommend no further action if the content is at or below the statutory maximum of 10 micrograms/litre (note that this maximum level will reduce to 5 micrograms/litre in 2036). The testing provider’s advice should be followed to ensure appropriate follow up action.

Removing lead pipework

For properties connected to the public water supply, Scottish Water will replace any sections of lead in its part of the service pipe between the water main in the street and the boundary stop valve, which it must do free of charge.

The landlord is responsible for locating and removing any lead pipes in the sections of pipework which are not the responsibility of Scottish Water. The water should then be re-sampled to confirm that all lead has been removed.

In jointly owned buildings part of the water supply may be jointly owned. If so quotes for pipe replacement work should be obtained and you should consult other owners to see if they are in agreement to the work taking place.

An exemption to the Repairing Standard duties applies if work otherwise needed to comply with the standard cannot be carried out because an insufficient number of co-owners have consented to the work taking place (check your title deeds for this – most require a majority of owners to be in agreement for the work to go ahead).

Government guidance on landlords’ duties in respect of lead in water supplies can be found here (see sections D18 to D27) Repairing Standard: statutory guidance for private landlords.