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Tenements (Scotland) Act 2004 asp 11

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Tenements (Scotland) Act 2004 asp 11. For other versions of these Explanatory Notes, see More Resources.

  1.  Introduction

  2. Background

  3. The Act

  4. Commentary on Sections

    1. Boundaries and Pertinents

      1. Section 1 – Determination of Boundaries and Pertinents

      2. Section 2 - Tenement Boundaries

      3. Section 3 – Pertinents

    2. Tenement Management Scheme

      1. Section 4 – Application of the Tenement Management Scheme

    3. Resolution of Disputes

      1. Section 5 – Application to sheriff for annulment of certain decisions

      2. Section 6 – Application to sheriff for order resolving certain disputes

    4. Support and Shelter

      1. Section 7 – Abolition as respects tenements of common law rules of common interest

      2. Section 8 – Duty to maintain so as to provide support and shelter etc.

      3. Section 9 – Prohibition on interference with support or shelter etc.

      4. Section 10 – Recovery of costs incurred by virtue of section 8

    5. Repairs: Costs and Access

      1. Section 11 – Determination of when an owner’s liability for certain costs arises

      2. Section 12 – Liability of owner and successors for certain costs

      3. Section 13 – Notice of potential liability for costs: further provision

      4. Section 14 – Former owner’s right to recover costs

      5. Section 15 – Prescriptive period for costs to which section 11 relates

      6. Section 16 – Common property: disapplication of common law right of recovery

      7. Section 17 – Access for maintenance purposes

    6. Insurance

      1. Section 18 – obligation of owner to insure

    7. Installation of Service Pipes Etc.

      1. Section 19 – Installation of service pipes etc.

    8. Demolition and Abandonment of Tenement Building

      1. Section 20 – Demolition of a tenement building not to affect ownership

      2. Section 21 – Cost of demolishing tenement building

      3. Section 22 – Use and disposal of site where tenement building demolished

      4. Section 23 – Sale of abandoned tenement building

    9. Liability for Certain Costs

      1. Section 24 – Liability to non-owner for certain damage costs

    10. Miscellaneous and General

      1. Section 25 – Amendments to the Title Conditions (Scotland) Act 2003

      2. Section 26 – Meaning of “tenement”

      3. Section 27 – Meaning of “management scheme”

      4. Section 28 – Meaning of “owner”, determination of liability etc.

      5. Section 29 – Interpretation

      6. Section 30 – Giving of notice to owners

      7. Section 31 – Ancillary provision

      8. Section 32 – Orders and Regulations

      9. Section 33 – Crown Application

      10. Schedule 1 - Tenement Management Scheme

        1. Rule 1 – scope and interpretation

        2. Rule 2 – procedures for making scheme decisions

        3. Rule 3 – matters on which scheme decisions may be made

        4. Rule 4 – scheme costs: liability and apportionment

        5. Rule 5 – redistribution of share of costs

        6. Rule 6 – procedural irregularities

        7. Rule 7 – emergency work

        8. Rule 8 – enforcement

        9. Rule 9 – giving of notice

      11. Schedule 2 – Form of Notice of Potential Liability for Costs

      12. Schedule 3 – Sale under Section 22(3) Or 23(1)

      13. Schedule 4 – Amendments of Title Conditions (Scotland) Act 2003

  5. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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