Housing (Scotland) Act 1987

302 Meaning of "dwelling" and "house"

(1) In this Part, "dwelling" means any house, flat or other unit designed or adapted for living in.

(2) For the purposes of this Part a building so designed or adapted is a "house" if it is a structure reasonably so called; so that where a building is divided into units so designed or adapted—

(a) if it is so divided horizontally, or a material part of a unit lies above or below another unit, the units are not houses (though the building as a whole may be), and

(b) if it is so divided vertically, the units may be houses.

(3) Where a house which is divided into flats or other units is a defective dwelling in respect of which a person is eligible for assistance, the fact that it is so divided shall be disregarded for the purposes of section 266(1)(a) (first condition for assistance by way of reinstatement: that the dwelling is a house).