Explanatory note

These Regulations prescribe additional information that a person must provide, and make provision for the fees that a person must pay, in relation to an application for entry in the register of property factors in terms of section 3(1) of the Property Factors (Scotland) Act 2011 (“the 2011 Act”).

Regulation 3 specifies additional information that applicants must supply in an application for registration under section 3(1) of the 2011 Act. This includes information in respect of any person concerned with the control or governance of a property factor. An applicant is not obliged to disclose any information related to a spent conviction (in accordance with section 4(3) of the Rehabilitation of Offenders Act 1974).

Regulation 4 provides that the Scottish Ministers may require the applicant to provide a criminal conviction certificate (a “basic disclosure”) to verify the information on convictions provided in the application or if the Scottish Ministers suspect that the information is, or has become, inaccurate.

Regulation 5 provides the fee payable for applications for registration in the property factors register. The fee is £200 (where the property factor acts in relation to 100 or fewer properties) and £750 (where the property factor acts in relation to more than 100 properties). On or after 1 April 2025, the fee will increase each year by the Consumer Prices Index (All Items).

Regulation 6 revokes the Property Factors (Registration) (Scotland) Regulations 2012 and the Property Factors (Registration) (Scotland) Amendment Regulations 2015.