{
  "url": "https://openlegislation.uk/land-reform-scotland-act-2025/schedule-2/paragraph-12",
  "json_url": "https://openlegislation.uk/land-reform-scotland-act-2025/schedule-2/paragraph-12.json",
  "legislation": "asp/2025/15",
  "legislation_title": "Land Reform (Scotland) Act 2025",
  "legislation_url": "https://openlegislation.uk/land-reform-scotland-act-2025",
  "path": "schedule/2/paragraph/12",
  "kind": "paragraph",
  "number": "12",
  "heading": "Dwelling-houses",
  "text": "(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.\n(2) This sub-paragraph applies if—\n(a) the landholder is a landholder mentioned in sub-paragraph (4), and\n(b) no dwelling-house has ever been erected on the holding.\n(3) This sub-paragraph applies if —\n(a) the landholder is not a landholder mentioned in sub-paragraph (4), and\n(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.\n(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.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 12 not in force at Royal Assent, see s. 47(2)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied by 1931 c. 44, s. 14(3) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2025/15/schedule/2/paragraph/12",
    "retrieved_at": "2026-10-29T20:11:52.301495+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}