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Tenements (Scotland) Act 2004 asp 11

Repairs: Costs and Access

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

72.Section 13(1)sets out who may register a notice of potential liability for costs which must be signed by or on behalf of the applicant. Subsection (2)makes it clear that a notice may be registered in relation to more than one flat or in relation to more than one piece of work. A notice will expire after three years under subsection (3) to remove the need for a discharge, though it may be renewed. Under subsection (4), the rules in section 13 apply to a renewed notice of potential liability as they apply to any other such notice.

73.Subsection (5)provides that the Keeper of the Registers of Scotland will not be required to determine whether or not the information contained in a notice of potential liability for costs is accurate and subsection (7)makes it clear that there will be no entitlement to be indemnified by the Keeper for any loss which arises in consequence of an inaccuracy in any information contained in a notice of potential liability for costs registered under the Tenements Act or the Title Conditions Act.

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