Tenements (Scotland) Act 2004
2004 asp 11 · Enacted 22 October 2004 · Extends to Scotland
An Act of the Scottish Parliament to make provision about the boundaries and pertinents of properties comprised in tenements and for the regulation of the rights and duties of the owners of properties comprised in tenements; to make minor amendments of the Title Conditions (Scotland) Act 2003 (asp 9); and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 16th September 2004 and received Royal Assent on 22nd October 2004
Contents
- Boundaries and pertinents
- 1Determination of boundaries and pertinents
- 2Tenement boundaries
- 3Pertinents
- Tenement Management Scheme
- 4Application of the Tenement Management Scheme
- 4APower of local authority to pay share of scheme costs
- Resolution of disputes
- 5Application to sheriff for annulment of certain decisions
- 6Application to sheriff for order resolving certain disputes
- Support and shelter
- 7Abolition as respects tenements of common law rules of common interest
- 8Duty to maintain so as to provide support and shelter etc.
- 9Prohibition on interference with support or shelter etc.
- 10Recovery of costs incurred by virtue of section 8
- Repairs: costs and access
- 11Determination of when an owner’s liability for certain costs arises
- 12Liability of owner and successors for certain costs
- 13Notice of potential liability for costs: further provision
- 14Former owner’s right to recover costs
- 15Prescriptive period for costs to which section 12 relates
- 16Common property: disapplication of common law right of recovery
- 17Access for maintenance and other purposes
- Insurance
- 18Obligation of owner to insure
- Installation of service pipes etc.
- 19Installation of service pipes etc.
- Demolition and abandonment of tenement building
- 20Demolition of tenement building not to affect ownership
- 21Cost of demolishing tenement building
- 22Use and disposal of site where tenement building demolished
- 23Sale of abandoned tenement building
- Liability for certain costs
- 24Liability to non owner for certain damage costs
- Miscellaneous and general
- 25Amendments of Title Conditions (Scotland) Act 2003
- 26Meaning of “tenement”
- 27Meaning of “management scheme”
- 28Meaning of “owner”, determination of liability etc.
- 29Interpretation
- 30Giving of notice to owners
- 31Ancillary provision
- 32Orders and regulations
- 33Crown application
- 34Short title and commencement
- Schedule 1: Tenement Management Scheme
- Part RULE 1 –: SCOPE AND INTERPRETATION
- 1.1Scope of scheme
- 1.2Meaning of “scheme property”
- 1.3Parts not included in rule 1.2(c)
- 1.4Meaning of “scheme decision”
- 1.5Other definitions
- 1.6Rights of co-owners
- Part RULE 2 –: PROCEDURE FOR MAKING SCHEME DECISIONS
- 2.1Making scheme decisions
- 2.2Allocation and exercise of votes
- 2.3Qualification on allocation of votes
- 2.4Exercise of vote where two or more persons own flat
- 2.5Decision by majority
- 2.6Notice of meeting
- 2.7Consultation of owners if scheme decision not made at meeting
- 2.8Consultation where two or more persons own flat
- 2.9Notification of scheme decisions
- 2.10Case where decision maybe annulled by notice
- 2.11Time limits for rule 2.10
- Part RULE 3 –: MATTERS ON WHICH SCHEME DECISIONS MAY BE MADE
- 3.1Basic scheme decisions
- 3.2Scheme decisions relating to maintenance
- 3.3Scheme decisions under rule 3.2(c) requiring deposits exceeding certain amounts
- 3.4Provision supplementary to rule 3.3
- 3.5Scheme decisions under rule 3.1(g): votes of persons standing to benefit not to be counted
- Part RULE 4 –: SCHEME COSTS: LIABILITY AND APPORTIONMENT
- 4.1Meaning of “scheme costs”
- 4.2Maintenance and running costs
- 4.3Scheme costs relating to roof over the close
- 4.4Insurance premium
- 4.5Other scheme costs
- Part RULE 5 –: REDISTRIBUTION OF SHARE OF COSTS
- Paragraph
- Part RULE 6 –: PROCEDURAL IRREGULARITIES
- 6.1Validity of scheme decisions
- 6.2Liability for scheme costs where procedural irregularity
- Part RULE 7 –: EMERGENCY WORK
- 7.1Power to instruct or carry out
- 7.2Liability for cost
- 7.3Meaning of “emergency work”
- Part RULE 8 –: ENFORCEMENT
- 8.1Scheme binding on owners
- 8.2Scheme decision to be binding
- 8.3Enforceability of scheme decisions
- 8.4Enforcement by third party
- Part RULE 9 –: GIVING OF NOTICE
- 9.1Giving of notice
- 9.2Methods of “sending” for the purposes of rule 9.1
- 9.3Giving of notice to owner where owner's name is not known
- 9.4Day on which notice is to be taken to be given
- Schedule 2Form of notice of potential liability for costs
- Paragraph
- Paragraph
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 3: Sale under section 22(3) or 23(1)
- 1Application to sheriff for power to sell
- 2Appeal against grant or refusal of power of sale order
- 3Registration of power of sale order
- 4Exercise of power of sale
- 5Distribution of proceeds of sale
- 6Automatic discharge of heritable securities
- Schedule 4: Amendments of Title Conditions (Scotland) Act 2003
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20