Title Conditions (Scotland) Act 2003

Title Conditions (Scotland) Act 2003

2003 asp 9

Commentary on Sections

Part 6: Development Management Scheme

Section 74: Intimation of proposal to register deed of disapplication

310. Subsection (1) requires the owners association to intimate any proposal to disapply the Development Management Scheme to all the owners of the units in the development.

311. Subsection (2) provides that intimation is to be given by “sending” a copy of the deed along with a notice. There is no prescribed form of notice but the notice must both state the effect of registration of the deed of disapplication and inform the owner of the right to object to the disapplication of the Scheme by making an application for preservation of the Scheme to the Lands Tribunal. It must also state the date by which an application to the Tribunal has to be made.

312. Subsection (3) provides that an owner who has not already agreed (perhaps because they were not present at a general meeting) may apply for preservation of the Scheme during the period of 8 weeks following the last date of intimation to the owners. While intimation must be given to all owners not all owners will therefore have a right to object.