Tenement Scotland Act Roof Space

Despite statements to the contrary the legal position relating to these parts of the tenement has not been altered significantly following the enactment of the tenements scotland act 2004.

Tenement scotland act roof space.

If this is the case you and the other owners can revert to the tenement management scheme found at schedule 1 of the tenement scotland act 2004. Explains what counts as maintenance. And for connected purposes. S 2 3 provides that the owner of a top floor flat shall own the roof and loft space over that flat.

The ownership and maintenance of the attic space and roof of a tenement block can cause significant confusion for flat owners. Tenements scotland act 2004 asp 11 13 b those owners are subject to a requirement whether imposed by a tenement burden or otherwise to erect a building on the site or to rebuild the. The act did abolish the right of common interest in a tenement. The act was brought into force on 28 november 2004 the term tenement covers a wide range of property including traditional sandstone tenements large houses converted into flats high rise blocks and four in a block.

This fills in the gaps in title deeds and helps make flat owners responsibilities more clear. The tenements scotland act 2004 is no longer a young piece of legislation. The ability to do so depends on a variety of factors but if all of the circumstances dictate that it is feasible it can be an excellent way of maximising space and adding value. This was the automatic right of owners of flats in a tenement or of units in any other multi ownership commercial building of.

An outline of the tenements scotland bill and how far it will innovate on the common law. Ownership of top flats will include the roof over the flat the roof void and attic space and where the roof slopes the triangle of airspace up to the ridge this will help where a dormer has been put out. To make minor amendments of the title conditions scotland act 2003 asp 9. Title conditions scotland act 2003.

Who legally owns the attic space in scottish tenements. It is becoming quite popular for top floor proprietors in edinburgh tenements to extend into the roof space above their flats so as to create another floor of accommodation. Tenements the tenements scotland act 2004 was the last part of the programme of property law reform. However there are many owners individuals companies and registered social landlords of tenement properties in scotland who are grappling with tenement repairs.

S 2 4 provides that the owner of a ground floor flat shall own the solum ground beneath that flat.