Explanatory Notes

Tenements (Scotland) Act 2004

2004 asp 11

22 October 2004

Commentary on Sections

Demolition and Abandonment of Tenement Building

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

97.This section provides, in subsection (1), that an owner will continue to own the airspace formerly occupied by their flat after it is demolished. “Demolition” is defined in section 29(1).

98.Subsection (2)ensures that any pertinents attaching to a tenement building immediately prior to demolition will continue to belong to their previous owners after demolition, even though they no longer serve a flat.