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Tenements (Scotland) Act 2004

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Meaning of “scheme property”

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1.2For the purposes of this scheme, “scheme property” means, in relation to a tenement, all or any of the following—

(a)any part of the tenement that is the common property of two or more of the owners,

(b)any part of the tenement (not being common property of the type mentioned in paragraph (a) above) the maintenance of which, or the cost of maintaining which, is, by virtue of a tenement burden, the responsibility of two or more of the owners,

(c)with the exceptions mentioned in rule 1.3, the following parts of the tenement building (so far as not scheme property by virtue of paragraph (a) or (b) above)—

(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.

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