- Latest available (Revised)
- Point in Time (22/10/2004)
- Original (As enacted)
Point in time view as at 22/10/2004. This version of this provision is not valid for this point in time.
There are currently no known outstanding effects for the Tenements (Scotland) Act 2004, Section 29.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Valid from 28/11/2004
(1)In this Act, unless the content otherwise requires—
“chimney stack” does not include flue or chimney pot;
“close” means a connected passage, stairs and landings within a tenement building which together constitute a common access to two or more of the flats;
“demolition” includes destruction and cognate expressions shall be construed accordingly; and demolition may occur on one occasion or over any period of time;
“the development management scheme” has the meaning given by section 71(3) of the Title Conditions (Scotland) Act 2003 (asp 9);
“door” includes its frame;
“flat” includes any premises whether or not—
used or intended to be used for residential purposes; or
on the one floor;
“lift” includes its shaft and operating machinery;
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);
“owner” shall be construed in accordance with section 28 of this Act;
“power of sale order” means an order granted under paragraph 1 of schedule 3 to this Act;
“register”, in relation to a notice of potential liability for costs or power of sale order, means register the information contained in the notice or order in the Land Register of Scotland or, as appropriate, record the notice or order in the Register of Sasines, and “registered” and other related expressions shall be construed accordingly;
“sector” means—
a flat;
any close or lift; or
any other three dimensional space not comprehended by a flat, close or lift,
and the tenement building shall be taken to be entirely divided into sectors;
“solum” means the ground on which a building is erected;
“tenement” shall be construed in accordance with section 26 of this Act;
“tenement burden” means, in relation to a tenement, any real burden (within the meaning of the Title Conditions (Scotland) Act 2003 (asp 9)) which affects—
the tenement; or
any sector in the tenement;
“Tenement Management Scheme” means the scheme set out in schedule 1 to this Act;
“title to the tenement” shall be construed in accordance with section 1(2) of this Act; and
“window” includes its frame.
(2)The floor area of a flat is calculated for the purposes of this Act by measuring the total floor area (including the area occupied by any internal wall or other internal dividing structure) within its boundaries; but no account shall be taken of any pertinents or any of the following parts of a flat—
(a)a balcony; and
(b)except where it is used for any purpose other than storage, a loft or basement.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: