OpenLegislation

Paragraph 12 Dwelling-housesI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A small landholder may not erect a dwelling-house on the landholder’s small landholding (whether or not as a replacement for another dwelling-house on the holding) without the prior written consent of the landlord unless sub-paragraph (2) or (3) applies.

(2)

This sub-paragraph applies if—

(a)

the landholder is a landholder mentioned in sub-paragraph (4), and

(b)

no dwelling-house has ever been erected on the holding.

(3)

This sub-paragraph applies if —

(a)

the landholder is not a landholder mentioned in sub-paragraph (4), and

(b)

the dwelling-house is erected to replace a dwelling-house which was on the holding when the Landholders Acts first applied to the holding.

(4)

A landholder referred to in sub-paragraph (2)(a) and (3)(a) is a landholder who, immediately before paragraph 1 comes into force, is a new landholder for the purposes of section 2(1) of the Small Landholders (Scotland) Act 1911, or the successor of such a new landholder.

Annotations

Commencement

I1

Sch. 2 para. 12 not in force at Royal Assent, see s. 47(2)