Explanatory Notes

Tenements (Scotland) Act 2004

2004 asp 11

22 October 2004

Commentary on Sections

Support and Shelter

Section 9 – Prohibition on interference with support or shelter etc.

55.This section deals with the negative obligation to refrain from any alterations or work which might interfere with the support and shelter of the building. It also covers the rule of common interest relating to the right to light. Unlike section 8, this section applies to occupiers of flats (such as tenants) as well as to owners.

56.The prohibition imposed under this section applies to the whole tenement, including the surrounding ground (see the definition of “tenement” in section 26). This contrasts again with Section 8 which only applies to the tenement building.

57.Any owner who is or would be affected by breach of the prohibition may enforce the prohibition under subsection (2). An occupier, though bound by the prohibition, has no right to enforce. As with section 8, where a flat is owned in common any of the owners has the right to enforce under section 28(5).