Tenements (Scotland) Act 2004: An Overview of Key Provisions and Changes, Study notes of Law

Download Tenements (Scotland) Act 2004: An Overview of Key Provisions and Changes and more Study notes Law in PDF only on Docsity! Changes to legislation: There are currently no known outstanding effects for the Tenements (Scotland) Act 2004. (See end of Document for details) Tenements (Scotland) Act 2004 2004 asp 11 TENEMENTS (SCOTLAND) ACT 2004 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 ii Tenements (Scotland) Act 2004 asp 11 Document Generated: 2021-04-04 Changes to legislation: There are currently no known outstanding effects for the Tenements (Scotland) Act 2004. (See end of Document for details) 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 1.1 Scope of scheme 1.2 Meaning of “scheme property” 1.3 Parts not included in rule 1.2(c) 1.4 Meaning of “scheme decision” 1.5 Other definitions 1.6 Rights of co-owners RULE 2 – — PROCEDURE FOR MAKING SCHEME DECISIONS 2.1 Making scheme decisions 2.2 Allocation and exercise of votes 2.3 Qualification on allocation of votes 2.4 Exercise of vote where two or more persons own flat 2.5 Decision by majority 2.6 Notice of meeting 2.7 Consultation of owners if scheme decision not made at meeting 2.8 Consultation where two or more persons own flat 2.9 Notification of scheme decisions 2.10 Case where decision maybe annulled by notice 2.11 Time limits for rule 2.10