The agreed practice described immediately below should only be applied when the block of flats and the parking block form part of the same development. If the owner of a flat has acquired a parking space or garage outwith the development (perhaps located in another development, or simply a separate garage located in the neighbourhood), then such properties will be treated as two cadastral units with two title sheets. See the Further Guidance page Mapping a Flat or House with Remote Parking or Parking in Another Development for more detail. |
The subjects comprise the westmost 2nd floor flat in Block A together with parking space no. 17 in the ground floor parking level of Block C. The tenement steading cadastral unit, and references pertaining to the whole of Block A are shown on the primary ungrouped layer of the cadastral map as usual. The tenement steading cadastral unit for Block A comprises the block and ground tinted pink, and the block tinted yellow:
A restrictive note is required to clarify that only part of the block tinted yellow (Block C) is included within the tenement steading cadastral unit:
A grouping containing supplementary data is used as normal to show the plans references needed for pertinents of the flat.
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The subjects comprise the northmost ground floor flat in Block B together with outdoor parking space B2. The tenement steading cadastral unit, and references pertaining to the whole of Block B are shown on the primary ungrouped layer of the cadastral map as usual. The tenement steading cadastral unit for Block B comprises the block and ground tinted blue, and the block tinted yellow:
A restrictive note is required to clarify that only part of the block tinted yellow (Block C) is included within the tenement steading cadastral unit:
A grouping containing the supplementary data is used as normal to show the plans references needed for pertinents of the flat.
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The subjects comprise the southmost 1st floor flat in Block C together with parking space no. 5 in the ground floor parking level of Block C. The tenement steading cadastral unit, and references pertaining to the whole of Block C are shown on the primary ungrouped layer of the cadastral map as usual. The tenement steading cadastral unit for Block C comprises the block tinted yellow:
A restrictive note is required to clarify that some parts of the block tinted yellow (Block C) are not included within the tenement steading cadastral unit:
A grouping containing the supplementary data is used as normal to show the plans references needed for pertinents of the flat.
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The majority of developments like this will be subject to a deed of conditions. It is likely that in that deed of conditions, the owners of all the parking spaces and the flats in the parking block are subject to rights and obligations that affect the whole of the parking block (for example, rights of access, a right in common to the solum, obligations not to obstruct access, and maintenance cost obligations). Therefore a plans reference for the whole block is required. The note (and separate plans references for the parking spaces) is required since only those parts pertaining to our block of flats can be included in the tenement steading cadastral unit for that block of flats.
The terms of the 2012 Act, section 16 (Tenements and other flatted buildings) refer to single tenement buildings, they do not refer to developments of blocks of flats. Therefore, section 16 means we have to set up a tenement steading cadastral unit for each block of flats.
This is an approach that could be used but only in very exceptional circumstances - agreement must be reached with a senior plans advisor before this can be done. The main issues with using this approach would be that: