# The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009, Article 20: Scheme property


(1) Subject to paragraphs (2) and (3) “scheme property” means the property specified or described as such in the Development Management Scheme.
(2) Where the development is, or includes, a tenement “scheme property” includes–
(a) any part of a tenement that is the common property of the owners of two or more units;
(b) with the exceptions mentioned in paragraph (3), the following parts of a tenement building (so far as not scheme property by virtue of paragraph (a))–
(i) the ground on which it is built;
(ii) its foundations;
(iii) its external walls;
(iv) its roof (including any rafter or other structure supporting the roof);
(v) if it is separated from another building by a gable wall, the part of the gable wall that is part of the tenement building; and
(vi) any wall (not being one falling within the preceding sub paragraphs), beam or column that is load bearing.
(2) The following parts of a tenement building are the exceptions referred to in paragraph (2)(b)–
(a) any extension which forms part of only one unit;
(b) any–
(i) door;
(ii) window;
(iii) skylight;
(iv) vent; or
(v) other opening; and
(c) any chimney stack or chimney flue.

---
Source: https://www.legislation.gov.uk/uksi/2009/729/article/20 (the official version)
Page: https://openlegislation.uk/title-conditions-scotland-act-2003-development-management-scheme-order-2009/article-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.