Existing plans guidance page Description of Flatted Property Must Be Acceptable has had a refresh, with a new lay-out and some additional explanations and guidance about how we need to apply our policies when considering the description of a flat in an application.
The page Voluntary Registration - Links in Title has been updated with the following:
Section 27(1) requires the applicant to be the “owner”. The RoS position from inception of the 2012 Act until 21 January 2022 was that “owner” included a person who held title by virtue of a valid midcouple (an unregistrable conveyance) who could then therefore use a VR to complete title. However, following academic comment, RoS will now only accept VR’s from applicants with a completed title. Public bodies who do not have a recorded title, but have title vested in them by a statutory link in title should be considered as having a completed title. Applicants with uncompleted titles should register their title using a Notice of Title. Any queries in relation to this change of approach should be directed to Policy Unit.
The existing guidance for plans staff on how to identify the extent of tenement steading cadastral units has been expanded with more detailed explanations and examples. The expanded guidance can be found in three pages - the main, general page Identifying the Tenement Steading Extent , a new page covering additional examples for particular property types Identifying the Tenement Steading Extent - 4-in-a-block and Split Villa Type Properties , and an expanded page for referral officers that includes common referral reasons and examples of complex steading extents Identifying the Tenement Steading Extent - Guidance for Referral Officers .
Rejection - Policy and Procedures has been updated at Conditions of Registration - First Registration Sections 27 & 28 to match the guidance on the Voluntary Registration page at the paragraph Intake Examination process/Application Form.
Authentication of registrable deeds page has been updated to include a link to the Knowledge Base page on Qualified Electronic Signatures.
Following feedback received from colleagues after some recent applications that were affected by core paths, an additional page has been added to the manual for plans officers - Mapping Public Rights of Way and Core Paths . Previously, there was guidance but it was to be found within a more general legal guidance page on Burdens. This new page brings the plans elements together into one place with more detail on how we map references such as these.
Please see updated rejection codes and reasons - page
The following pages have been updated to reflect the changes introduced by the Trusts and Succession (Scotland) Act 2024 which replaced the Trusts (Scotland) Act 1921:
Change of Trustees – Rectifications
Names and changes of names in the proprietorship and securities sections