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Tenements (Scotland) Act 2004 asp 11

Miscellaneous and General

Section 29 – Interpretation

128.Subsection (1)explains certain terms used in the Act. Only a small number of definitions require explanation here.

  • Flat. It is made clear that a flat may be premises which comprise more than one storey and may include business and other premises, not merely premises used or intended to be used for residential purposes.

  • Sector. The term “sector” is used in the context of boundaries. In the definition of “sector”, the reference to “any other three-dimensional space not comprehended by a flat, close or lift” is intended to make clear that boundaries are an issue only where the units are in separate ownership. For example, a broom cupboard within a flat would not be a sector for the purposes of the Act.

  • Tenement burden. This term means any real burden (within the meaning of the Title Conditions Act) which affects the tenement or any sector of the tenement.

129.Subsection (2)explains how “floor area” is to be calculated. The “floor area” is the total floor area within the boundaries of a flat or flats including the area occupied by any internal wall or other internal dividing structure. No account is to be taken of the pertinents or a balcony. A loft or a basement will also be excluded when it is used for storage. If they are used for another purpose then they should be taken into account.

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Explanatory Notes

Text created by the Scottish Government 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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