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The Relevant Adjustments to Common Parts (Disabled Persons) (Scotland) Amendment Regulations 2021
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- Scottish Statutory Instruments
- 2021 No. 459
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Relevant Adjustments to Common Parts (Disabled Persons) (Scotland) Regulations 2020 (“the 2020 Regulations”). The 2020 Regulations provide a process whereby a disabled person can carry out adjustments to the common parts of a property in which they have an interest, provided they make an application to all owners of the common parts and obtain the consent of a majority of the owners. These Regulations amend the 2020 Regulations to provide time-limits for various parts of that process.
Regulation 5(4) of the 2020 Regulations provides a one month deadline for an owner of the common parts to respond to an application made by a disabled person made under regulation 5(1). Regulation 2(2) of these Regulations amends regulation 5(4) of the 2020 Regulations to change that deadline to 28 days from the date of the application in order to provide a clearer deadline for this process.
Regulation 7 of the 2020 Regulations provides for a notice of the majority decision of the owners to be sent by the disabled person to the owners. Regulation 2(3) of these Regulations amends regulation 7 of the 2020 Regulations to provide a defined period within which the disabled person must send the notice of majority decision. Regulation 2(3) also provides a deadline for the disabled person to send an updated notice of the majority decision following an appeal under regulation 10 of the 2020 Regulations.
Regulation 8 of the 2020 Regulations provides for when an owner of the common parts consents to the application made by the disabled person subject to conditions. Regulation 2(4) of these Regulations amends regulation 8 of the 2020 Regulations to provide that a notice of the majority decision of the owners (sent by the disabled person under regulation 7 of the 2020 Regulations) must state whether or not the conditions are accepted by the disabled person and, if they are rejected, the reasons for the rejection.
Regulation 10 of the 2020 Regulations provides an appeals process for owners or the disabled person to appeal against the majority decision of the owners or any condition imposed on an owner’s consent. Regulation 2(5) of these Regulations imposes a time-limit on raising an appeal.
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