Tenements (Scotland) Act 2004
Tenements (Scotland) Act 2004 (2004 asp 11)
- Tenements (Scotland) Act 2004 (2004 asp 11)
- Boundaries and pertinents
- 1 Determination of boundaries and pertinents
- 2 Tenement boundaries
- 3 Pertinents
- Tenement Management Scheme
- 4 Application of the Tenement Management Scheme
- 4A Power of local authority to pay share of scheme costs
- Resolution of disputes
- 5 Application to sheriff for annulment of certain decisions
- 6 Application to sheriff for order resolving certain disputes
- Support and shelter
- 7 Abolition as respects tenements of common law rules of common interest
- 8 Duty to maintain so as to provide support and shelter etc.
- 9 Prohibition on interference with support or shelter etc.
- 10 Recovery of costs incurred by virtue of section 8
- Repairs: costs and access
- 11 Determination of when an owner’s liability for certain costs arises
- 12 Liability of owner and successors for certain costs
- 13 Notice of potential liability for costs: further provision
- 14 Former owner’s right to recover costs
- 15 Prescriptive period for costs to which section 12 relates
- 16 Common property: disapplication of common law right of recovery
- 17 Access for maintenance and other purposes
- Insurance
- 18 Obligation of owner to insure
- Installation of service pipes etc.
- 19 Installation of service pipes etc.
- Demolition and abandonment of tenement building
- 20 Demolition of tenement building not to affect ownership
- 21 Cost of demolishing tenement building
- 22 Use and disposal of site where tenement building demolished
- 23 Sale of abandoned tenement building
- Liability for certain costs
- 24 Liability to non owner for certain damage costs
- Miscellaneous and general
- 25 Amendments of Title Conditions (Scotland) Act 2003
- 26 Meaning of “tenement”
- 27 Meaning of “management scheme”
- 28 Meaning of “owner”, determination of liability etc.
- 29 Interpretation
- 30 Giving of notice to owners
- 31 Ancillary provision
- 32 Orders and regulations
- 33 Crown application
- 34 Short title and commencement
- SCHEDULE 1 Tenement Management Scheme
- RULE 1 – SCOPE AND INTERPRETATION
- Scope of scheme
- Meaning of “scheme property”
- Parts not included in rule 1.2(c)
- Meaning of “scheme decision”
- Other definitions
- Rights of co-owners
- RULE 2 – PROCEDURE FOR MAKING SCHEME DECISIONS
- Making scheme decisions
- Allocation and exercise of votes
- Qualification on allocation of votes
- Exercise of vote where two or more persons own flat
- Decision by majority
- Notice of meeting
- Consultation of owners if scheme decision not made at meeting
- Consultation where two or more persons own flat
- Notification of scheme decisions
- Case where decision maybe annulled by notice
- Time limits for rule 2.10
- RULE 3 – MATTERS ON WHICH SCHEME DECISIONS MAY BE MADE
- Basic scheme decisions
- Scheme decisions relating to maintenance
- Scheme decisions under rule 3.2(c) requiring deposits exceeding certain amounts
- Provision supplementary to rule 3.3
- Scheme decisions under rule 3.1(g): votes of persons standing to benefit not to be counted
- RULE 4 – SCHEME COSTS: LIABILITY AND APPORTIONMENT
- Meaning of “scheme costs”
- Maintenance and running costs
- Scheme costs relating to roof over the close
- Insurance premium
- Other scheme costs
- RULE 5 – REDISTRIBUTION OF SHARE OF COSTS
- RULE 6 – PROCEDURAL IRREGULARITIES
- Validity of scheme decisions
- Liability for scheme costs where procedural irregularity
- RULE 7 – EMERGENCY WORK
- Power to instruct or carry out
- Liability for cost
- Meaning of “emergency work”
- RULE 8 – ENFORCEMENT
- Scheme binding on owners
- Scheme decision to be binding
- Enforceability of scheme decisions
- Enforcement by third party
- RULE 9 – GIVING OF NOTICE
- Giving of notice
- Methods of “sending” for the purposes of rule 9.1
- Giving of notice to owner where owner's name is not known
- Day on which notice is to be taken to be given
- SCHEDULE 2 Form of notice of potential liability for costs
- SCHEDULE 3 Sale under section 22(3) or 23(1)
- Application to sheriff for power to sell
- Appeal against grant or refusal of power of sale order
- Registration of power of sale order
- Exercise of power of sale
- Distribution of proceeds of sale
- Automatic discharge of heritable securities
- SCHEDULE 4 Amendments of Title Conditions (Scotland) Act 2003
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