Tenements (Scotland) Act 2004
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 1Tenement Management Scheme
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
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
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
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
RULE 5 –REDISTRIBUTION OF SHARE OF COSTS
 Where an owner is liable for a share of any...
RULE 6 –PROCEDURAL IRREGULARITIES
6.1Validity of scheme decisions
6.2Liability for scheme costs where procedural irregularity
RULE 7 –EMERGENCY WORK
7.1Power to instruct or carry out
7.2Liability for cost
7.3Meaning of “emergency work”
RULE 8 –ENFORCEMENT
8.1Scheme binding on owners
8.2Scheme decision to be binding
8.3Enforceability of scheme decisions
8.4Enforcement by third party
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
Notes for completion
(These notes are not part of the notice)
1Describe the flat in a way that is sufficient to...
2Describe the maintenance or work in general terms.
3Give the name and address of the person applying for...
4The notice must be signed by or on behalf of...
SCHEDULE 3Sale 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 4Amendments of Title Conditions (Scotland) Act 2003
1The Title Conditions (Scotland) Act 2003 (asp 9) shall be...
2In section 3(8) (waiver, mitigation and variation of real burdens),...
3In section 4 (creation of real burdens), in subsection (7),...
4In section 10 (affirmative burdens: continuing liability of former owner)—...
5After section 10 there shall be inserted— Notice of potential...
6In section 11 (affirmative burdens: shared liability), after subsection (3)...
7In section 25 (definition of the expression “community burdens”), in...
8In section 29 (power of majority to instruct common maintenance)—...
9After section 31 there shall be inserted— Disapplication of provisions...
10In section 33 (majority etc. variation and discharge of community...
11In section 35 (variation and discharge of community burdens by...
12In section 43 (rural housing burdens)— (a) in subsection (1),...
13In section 45 (economic development burdens), subsection (6) shall be...
14In section 53 (common schemes: related properties), after subsection (3)...
15In section 90 (powers of Lands Tribunals as respects title...
16In section 98 (granting certain applications for variation, discharge, renewal...
17In section 99 (granting applications as respects development management schemes),...
18In section 119 (savings and transitional provision etc.), subsection (9)...
19In section 122(1) (interpretation)— (a) the definition of “flat” shall...
20After schedule 1 there shall be inserted— SCHEDULE 1A Form...

Tenements (Scotland) Act 2004

2004 asp 11

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.