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Tenements (Scotland) Act 2004

2004 asp 11 · Enacted 22 October 2004 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 13 July 2018.

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

  1. Boundaries and pertinents
  2. 1Determination of boundaries and pertinents
  3. 2Tenement boundaries
  4. 3Pertinents
  5. Tenement Management Scheme
  6. 4Application of the Tenement Management Scheme
  7. 4APower of local authority to pay share of scheme costs
  8. Resolution of disputes
  9. 5Application to sheriff for annulment of certain decisions
  10. 6Application to sheriff for order resolving certain disputes
  11. Support and shelter
  12. 7Abolition as respects tenements of common law rules of common interest
  13. 8Duty to maintain so as to provide support and shelter etc.
  14. 9Prohibition on interference with support or shelter etc.
  15. 10Recovery of costs incurred by virtue of section 8
  16. Repairs: costs and access
  17. 11Determination of when an owner’s liability for certain costs arises
  18. 12Liability of owner and successors for certain costs
  19. 13Notice of potential liability for costs: further provision
  20. 14Former owner’s right to recover costs
  21. 15Prescriptive period for costs to which section 12 relates
  22. 16Common property: disapplication of common law right of recovery
  23. 17Access for maintenance and other purposes
  24. Insurance
  25. 18Obligation of owner to insure
  26. Installation of service pipes etc.
  27. 19Installation of service pipes etc.
  28. Demolition and abandonment of tenement building
  29. 20Demolition of tenement building not to affect ownership
  30. 21Cost of demolishing tenement building
  31. 22Use and disposal of site where tenement building demolished
  32. 23Sale of abandoned tenement building
  33. Liability for certain costs
  34. 24Liability to non owner for certain damage costs
  35. Miscellaneous and general
  36. 25Amendments of Title Conditions (Scotland) Act 2003
  37. 26Meaning of “tenement”
  38. 27Meaning of “management scheme”
  39. 28Meaning of “owner”, determination of liability etc.
  40. 29Interpretation
  41. 30Giving of notice to owners
  42. 31Ancillary provision
  43. 32Orders and regulations
  44. 33Crown application
  45. 34Short title and commencement
  46. Schedule 1: Tenement Management Scheme
  47. Part RULE 1 –: SCOPE AND INTERPRETATION
  48. 1.1Scope of scheme
  49. 1.2Meaning of “scheme property”
  50. 1.3Parts not included in rule 1.2(c)
  51. 1.4Meaning of “scheme decision”
  52. 1.5Other definitions
  53. 1.6Rights of co-owners
  54. Part RULE 2 –: PROCEDURE FOR MAKING SCHEME DECISIONS
  55. 2.1Making scheme decisions
  56. 2.2Allocation and exercise of votes
  57. 2.3Qualification on allocation of votes
  58. 2.4Exercise of vote where two or more persons own flat
  59. 2.5Decision by majority
  60. 2.6Notice of meeting
  61. 2.7Consultation of owners if scheme decision not made at meeting
  62. 2.8Consultation where two or more persons own flat
  63. 2.9Notification of scheme decisions
  64. 2.10Case where decision maybe annulled by notice
  65. 2.11Time limits for rule 2.10
  66. Part RULE 3 –: MATTERS ON WHICH SCHEME DECISIONS MAY BE MADE
  67. 3.1Basic scheme decisions
  68. 3.2Scheme decisions relating to maintenance
  69. 3.3Scheme decisions under rule 3.2(c) requiring deposits exceeding certain amounts
  70. 3.4Provision supplementary to rule 3.3
  71. 3.5Scheme decisions under rule 3.1(g): votes of persons standing to benefit not to be counted
  72. Part RULE 4 –: SCHEME COSTS: LIABILITY AND APPORTIONMENT
  73. 4.1Meaning of “scheme costs”
  74. 4.2Maintenance and running costs
  75. 4.3Scheme costs relating to roof over the close
  76. 4.4Insurance premium
  77. 4.5Other scheme costs
  78. Part RULE 5 –: REDISTRIBUTION OF SHARE OF COSTS
  79. Paragraph
  80. Part RULE 6 –: PROCEDURAL IRREGULARITIES
  81. 6.1Validity of scheme decisions
  82. 6.2Liability for scheme costs where procedural irregularity
  83. Part RULE 7 –: EMERGENCY WORK
  84. 7.1Power to instruct or carry out
  85. 7.2Liability for cost
  86. 7.3Meaning of “emergency work”
  87. Part RULE 8 –: ENFORCEMENT
  88. 8.1Scheme binding on owners
  89. 8.2Scheme decision to be binding
  90. 8.3Enforceability of scheme decisions
  91. 8.4Enforcement by third party
  92. Part RULE 9 –: GIVING OF NOTICE
  93. 9.1Giving of notice
  94. 9.2Methods of “sending” for the purposes of rule 9.1
  95. 9.3Giving of notice to owner where owner's name is not known
  96. 9.4Day on which notice is to be taken to be given
  97. Schedule 2Form of notice of potential liability for costs
  98. Paragraph
  99. Paragraph
  100. 1Paragraph 1
  101. 2Paragraph 2
  102. 3Paragraph 3
  103. 4Paragraph 4
  104. Schedule 3: Sale under section 22(3) or 23(1)
  105. 1Application to sheriff for power to sell
  106. 2Appeal against grant or refusal of power of sale order
  107. 3Registration of power of sale order
  108. 4Exercise of power of sale
  109. 5Distribution of proceeds of sale
  110. 6Automatic discharge of heritable securities
  111. Schedule 4: Amendments of Title Conditions (Scotland) Act 2003
  112. 1Paragraph 1
  113. 2Paragraph 2
  114. 3Paragraph 3
  115. 4Paragraph 4
  116. 5Paragraph 5
  117. 6Paragraph 6
  118. 7Paragraph 7
  119. 8Paragraph 8
  120. 9Paragraph 9
  121. 10Paragraph 10
  122. 11Paragraph 11
  123. 12Paragraph 12
  124. 13Paragraph 13
  125. 14Paragraph 14
  126. 15Paragraph 15
  127. 16Paragraph 16
  128. 17Paragraph 17
  129. 18Paragraph 18
  130. 19Paragraph 19
  131. 20Paragraph 20