Property and land law reform

The Scottish Government called for views on the future of the Scottish Land Court and the Lands Tribunal for Scotland, and the main proposal to amalgamate the two bodies.

The Scottish Government launched a consultation to outline proposals aimed at tackling the issue of improving energy efficiency and reducing the demand for heat in owner occupied homes, which will play an important part in helping to reduce both greenhouse gas emissions and fuel poverty.

The consultation asked for views on the detail of setting the energy efficient standard for owner occupied homes in Scotland. This includes what the standard should be, when it should be introduced and how compliance with the standard could be checked and enforced. 

The Property Law Committee and Property & Land Law Reform Sub-committee provided written evidence to the Environment, Climate Change and Land Reform Committee’s on the Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) (Scotland) Regulations 2021 (the Regulations).

The Scottish Law Commission has issued a discussion paper which considers pre-default matters such as the creation and transfer of heritable securities and the obligations which they can secure.

The Scottish Government has issued a consultation on secondary legislation proposals relating to Part 5 of the Land Reform (Scotland) Act 2016 – the Right to Buy Land to Further Sustainable Development.

The UK Government has issued a consultation on the Redress for purchasers of new build homes and the New Homes Ombudsman.

Graham Simpson MSP has issued a proposal for a Bill to establish standard missives for the sale of new-build homes, including redress for purchasers in respect of defects in construction.

The Scottish Parliamentary Working Group has been meeting since March 2018 with the purpose of establishing solutions to aid, assist and compel owners of tenement properties to maintain their buildings. On 16th January 2019 the working group published interim recommendations to enhance the ability of tenement owners to work collectively encouraging and enabling effective maintenance and repair of their properties.

The Scottish Government has issued a consultation on the accepted Barclay recommendations which require primary legislation.

The Scottish Government has issued a consultation on proposals which are intended to strengthen the system of landlord registration in a proportionate way that will help to ensure that homes rented to private rented sector tenants are of good quality and are managed professionally.

The Scottish Government has issued a consultation on the revised code of conduct for property factors.

The Scottish Government has issued a consultation on guidance for local authorities on how to fulfil the requirements of Part 8 of the Community Empowerment (Scotland) Act 2015 in relation to common good property.

The Scottish Government has issued a consultation to seek the views of key stakeholders on the draft guidance about engaging communities in decisions relating to land which may affect communities.

The Scottish Government has issued a consultation to update stakeholders on the current status of the Scottish Energy Performance Certificate Register (SEPCR), to advise on pending action to amend the statutory fees payable on lodgement of energy performance data and to seek views on the manner in which the register is funded.

 

The UK Government Department for Business, Energy & Industrial Strategy has issued a consultation to seek views on a beneficial ownership register to increase the transparency of overseas investment in property and public contracts.

The Scottish Parliament Local Government and Communities Committee has launched a call for written evidence as part of its scrutiny of common good property and funds.

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