Property Disputes in Scotland

Acknowledging the importance of Scottish property practice to our customers we are incrementally developing a new set of content on Scots property law for Scottish practitioners.

Toolkits

For easy navigation of all relevant Scots content on Lexis+PSL, see:

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Property in Scotland toolkit a research tool collating guidance on key areas of property law that are specifically relevant to Scotland. The toolkit brings together all practical guidance and styles in the Scottish Property topic
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Scotland toolkit a research tool collating guidance on key areas of law that are specifically relevant to Scotland. The toolkit brings together Scots law content from across a number of practice areas and includes links to Practice Notes, Checklists and Q&As as well as legal articles and analysis on legal issues directly affecting Scotland

The experts and market standard

The scope and content of the Property disputes in Scotland topic is being developed in collaboration with the following leading Property experts in Scottish property practice.

Recognising that the Property Standardisation Group (PSG) (in collaboration with a number of other professional bodies including the Law Society of Scotland, the Scottish Property

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Latest Property News

Property weekly highlights—30 January 2025

This week's edition of Property weekly highlights includes: the coming into force of certain enfranchisement provisions under the Leasehold and Freehold Reform Act 2024, a case on defective works and building liability orders under the Building Safety Act 2022 and cases on tenancies at will, service charges, a ‘forced disposal’ and boundary disputes.

High Court finds a ‘building safety risk’ which could lead to the making of a ‘building liability order’ under the Building Safety Act 2022 and permits RTM company to claim damages on behalf of leaseholders (381 Southwark Park Road RTM & Various Leaseholders v Click St Andrews)

Property Disputes analysis: This is the first High Court case to hold that defective works by a developer gave rise to a ‘relevant liability’ as a result of a ‘building safety risk’ under section 130(3)(b) of the Building Safety Act 2022 (BSA 2022), paving the way for the claimant right to manage company (RTM Co) to apply at a subsequent hearing for a building liability order (BLO) against the parent company of the insolvent developer. The Technology and Construction Court (TCC) gave guidance on the procedure for seeking a BLO. Further, the RTM Co was, under an agreement to purchase the property, able to recover against the developer and by extension against the parent company as guarantor, all of the individual leaseholders’ losses for breach of covenant in their leases. Written by Tiffany Scott, barrister, Wilberforce Chambers.

UKGBC provides guidance on operational carbon emissions reduction in buildings

The UK Green Building Council (UKGBC) has provided guidance on addressing operational carbon emissions in buildings, explaining the causes of these emissions and outlining strategies for their reduction. For existing homes, they recommend improving insulation, transitioning to electric heating, and using renewable energy sources. For non-domestic buildings, recommendations include moving away from fossil fuel heating, setting building performance targets, and adopting on-site renewables. For new buildings, the UKGBC advises prioritising energy efficiency in design and focusing on electricity-based systems. In addition, the UKGBC is conducting an Operational Optimisation Labs project to explore methods for optimising commercial buildings to reduce operational carbon emissions, as opposed to undertaking deep retrofits. The UKGBC intends to release the final outcomes of this project in spring 2025.

Property weekly highlights—23 January 2025

This week's edition of Property weekly highlights includes: cases on repudiatory breach of a lease, service of a gas safety certificate, EPC and how to rent checklist, terminating Electronic Communications Code agreements and SDLT.