Tenements (Scotland) Act 2004 asp 11 Explanatory Notes

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