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Housing (Scotland) Act 1987

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Changes over time for: Section 302

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Version Superseded: 30/07/2018

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Point in time view as at 01/04/2009. This version of this provision has been superseded. Help about Status

Changes to legislation:

Housing (Scotland) Act 1987, Section 302 is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

302 Meaning of “dwelling” and “house”.S

(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).

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