Tenements - With Rights to External Common Areas - Transitional Provisions Applied - KIR (Public)

If the RA includes tenements and there are external common areas (being areas common to flats in more than one tenement) pertaining to those tenements, and the plans settler has applied transitional provisions, then follow the guidelines below: 

Check and note

• how many and which tenements/flats share the external common area.
• how many of those flats have been conveyed.
• how many of those flats the council retain.
• how many shares in the external common area have been conveyed (and with which flat).
• how many shares in the external common area the council retain. 

If the shares previously conveyed add up to 100% or more, then the council will have no remaining ownership in the external common area and it should be excluded from the KIR title.

1. All flats in the tenement have been conveyed

If all flats in all the tenements that have an interest in the external common area have been conveyed and either registered in the Land Register or recorded in the Sasine Register and all shares/rights to the external common area have also been conveyed (i.e. the council retains no flats in any of the tenements and no share/rights in the external common area), check that the tenement steadings and the external common area have been excepted (whited out) from the KIR title.

2. All conveyed flats in the tenement are registered in the Land Register (under the 1979 Act provisions)

If the council still own a flat in the tenement along with a right to the external common area, and all the conveyed flats in that tenement are registered in the Land Register (under the 1979 Act provisions), then that tenement steading and the external common area will remain in the KIR title - subject to 5 below (Flat address cannot be matched to UPRN address).

• Only those flats remaining in council ownership will be included in the description of the subjects.
• The plans settler will have provided details of previously conveyed flats along with the relevant title numbers.
• Check the information provided by plans against the flats identified at the search sheet / Plan Viewer check.
• Add schedule of exceptions for the flats previously conveyed (The inclusion of flats in the schedule of exceptions will also except shares in the external common area from the KIR title).
  • In the Subjects field add brief details of the property conveyed including postal address, exclusive parts/areas (if any), pro indiviso shares/rights in common (if any), rights of access (if any), and the title number. For example,

13 Mill Drive, Law, with garden ground, rights in common and rights of access, registered under Title Number XXX.

2/2, 1 Avenue Street, Rutherglen, with rights in common, registered under Title Number XXX.

Northmost house on ground floor, 5 Candlemill Road, Stonehouse, registered under Title Number XXX.

• If the flat has a unique postal address there is no need to include the flat position.
• There will be no plans references provided for any exclusive or common parts/areas, however the description of the subjects should include a brief reference to any such areas/parts to indicate that the property excepted includes more than only the flat.
• If the excepted subjects have a servitude right, the reference to it in the schedule should not include a plans reference, even if one has been provided.
• If there are multiple pro indiviso shares/rights in common/other rights to different areas/parts there is no need to list them all, a simple reference such as “with rights in common” will suffice.
• The date added to the Date of Recording or Registration field should be the date the breakaway deed was recorded or registered.
• No plans references will be provided for the excepted flats – if references are required for any servitudes/real burdens add a note for plans on the title workdesk.

3. At least one conveyed flat in the tenement is in the Sasine Register

If a flat in the tenement (with a right to an external common area) has been conveyed but its title is still in sasines, and the council still own a flat in the tenement, then the tenement itself will be whited out and excepted from the KIR title.

The external common area, however, will not be whited out and excepted from the KIR title if the council retain rights/shares in it which pertain to flats that will be included in the KIR title. i.e. If a flat with a right/share in an external common area is being included in the KIR title then the associated right/share in the external common area must also be included in the main KIR title.

The plans settler will have created a separate tenement steading cadastral unit and KIR title for the tenement being excluded. The extent of this separate tenement steading cadastral unit will be extended to include the external common area which will be referenced on the cadastral map. 

The external common area will also be referenced on the cadastral map for the main KIR.

• The additional KIR title should be settled at the same time as the main KIR title.
• For the additional KIR title:
• The subjects in the additional KIR title will comprise the tenement steading cadastral unit under exception of

(I) previously conveyed flats within the tenement being registered in this additional KIR and their shares in the external common area and

(II) shares in the external common area that pertain to flats in other tenements.  

• Check that the external common area has been referenced on the cadastral map for the additional KIR title.
• Only those flats remaining in council ownership will be included in the description of the subjects, unless addresses of previously conveyed flats cannot be matched to UPRN addresses (in which case, all addresses within the tenement will be narrated).
• The plans settler will have provided details of the previously conveyed flats along with the relevant title numbers/sasines details/property details.
• Check the information provided by plans against the flats identified at the search sheet / Plan Viewer check.
• Add schedule of exceptions for the flats previously conveyed.
  • In the Subjects field add brief details of the property conveyed including postal address, exclusive parts/areas (if any), pro indiviso shares/rights in common (if any), rights of access (if any), and the title number( if applicable). For example,

13 Mill Drive, Law, with garden ground, rights in common and rights of access, registered under Title Number XXX.

2/2, 1 Avenue Street, Rutherglen, with rights in common.

Northmost house on ground floor, 5 Candlemill Road, Stonehouse, registered under Title Number XXX.

• If the flat has a unique postal address there is no need to include the flat position.
• There will be no plans references provided for any exclusive or common parts/areas (other than for the external common area), however the description of the subjects should include a brief reference to any such areas/parts to indicate that the property excepted includes more than only the flat.
• If the excepted subjects have a servitude right, the reference to it in the schedule should not include a plans reference, even if one has been provided.
• If there are multiple pro indiviso shares/rights in common/other rights to different areas/parts there is no need to list them all, a simple reference such as “with rights in common” will suffice.
• The date added to the Date of Recording or Registration field should be the date the breakaway deed was recorded or registered.
• In the event of a property being excepted because an advance notice or plans report has been submitted, or the KIR Public team has been notified that a property has been sold, the Date of Recording or Registration field should be completed with No Register. 
• No plans references will be provided for the excepted flats (other than for the external common area) – if references are required for any servitudes/real burdens add a note for plans on the title workdesk.
• Add a restrictive note in respect of the external common area to indicate the number of shares included in the additional KIR title. The number of shares included in the additional KIR title will be based on the number of flats in the tenement, subject to the number of flats referred to in the schedule of exceptions. For example:

Note: As to the part tinted yellow on the cadastral map only 4/18 pro indiviso shares are included in this cadastral unit, subject to the exceptions narrated in the Schedule of Exceptions above.

In this example, 18 flats share the external common area and there are 4 flats in this tenement. Prior conveyancing indicates that each flat is allocated 1/18th share in the external common area. The restrictive note narrates the total number of shares pertaining to this tenement, i.e. four flats in this tenement - four shares. The shares pertaining to the flats previously conveyed from this tenement are taken into account by entries in the Schedule of Exceptions. 

• For the main KIR:
  • Check that only the tenement has been whited out/excepted from the main KIR title.
  • Check that the external common area has been referenced on the cadastral map.
  • Only those flats remaining in council ownership will be included in the description of the subjects.
  • The plans settler will have provided details of any previously conveyed flats from other tenements that remain in the main KIR title and share the external common area, along with the relevant title numbers.
  • Check the information provided by plans against the flats identified at the search sheet /Plan Viewer check.
  • Add schedule of exceptions for the flats previously conveyed.
    • In the Subjects field add brief details of the property conveyed including postal address, exclusive parts/areas (if any), pro indiviso shares/rights in common (if any), rights of access (if any), and the title number. For example,

13 Mill Drive, Law, with garden ground, rights in common and rights of access, registered under Title Number XXX.

2/2, 1 Avenue Street, Rutherglen, with rights in common, registered under Title Number XXX.

Northmost house on ground floor, 5 Candlemill Road, Stonehouse, registered under Title Number XXX.

• If the flat has a unique postal address there is no need to include the flat position.
• There will be no plans references provided for any exclusive or common parts/areas (other than for the external common area), however the description of the subjects should include a brief reference to any such areas/parts to indicate that the property excepted includes more than only the flat.
• If the excepted subjects have a servitude right, the reference to it in the schedule should not include a plans reference, even if one has been provided.
• If there are multiple pro indiviso shares/rights in common/other rights to different areas/parts there is no need to list them all, a simple reference such as “with rights in common” will suffice.
• The date added to the Date of Recording or Registration field should be the date the breakaway deed was recorded or registered.
• No plans references will be provided for the excepted flats (other than for the external common area) – if references are required for any servitudes/real burdens add a note for plans on the title workdesk.
• Add a restrictive note in respect of the external common area to indicate the number of shares included in the main KIR title. The number of shares included in the main KIR title will be based on the number of flats in the tenements retained in the main KIR title that share the external common area, subject to the number of flats referred to in the schedule of exceptions. For example:

Note: As to the part tinted yellow on the cadastral map only 14/18 pro indiviso shares are included in this cadastral unit, subject to the exceptions narrated in the Schedule of Exceptions above.

In this example, 18 flats share the external common area and there are 4 flats in the excepted tenement. Prior conveyancing indicates that each flat is allocated 1/18th share in the external common area. The restrictive note narrates the total number of shares pertaining to the tenements retained within the main KIR title, i.e. fourteen flats - fourteen shares. The shares pertaining to flats previously conveyed from the tenements remaining in the main KIR title are taken into account by entries in the Schedule of Exceptions.

4. Flat in the tenement is already registered under the 2012 Act (cadastral unit for the tenement steading already exists)

If a previously conveyed flat was registered under the 2012 Act (and transitional provisions applied because of a prior 1979 registered flat), a tenement steading cadastral unit will have been created when that flat was registered. The extent of that cadastral unit will include the extent of the external common area.

If some shares in the external common area are still owned by the council and will be included in the KIR title, the whole of that cadastral unit cannot be excepted from the KIR title.

The plans settler will have whited out/excepted only the tenement steading from the KIR title and provided a reference for the external common area on the cadastral map for the KIR title. 

For the KIR title:

• Check that only the extent of the tenement steading has been whited out/excluded from the KIR title.
• Check that the external common area has been referenced on the cadastral map for the KIR title.
• Only those flats remaining in council ownership will be included in the description of the subjects.
• The plans settler will have provided details of any previously conveyed flats from tenements that remain in the KIR title and share the external common area, along with the relevant title numbers.
• Check the information provided by plans against the flats identified at the search sheet/Plan Viewer check.
• Add schedule of exceptions for the flats previously conveyed from tenements that remain in the KIR title.
  • In the Subjects field add brief details of the property including postal address, exclusive parts/areas (if any), pro indiviso shares/rights in common (if any), rights of access (if any), and the title number. For example,

13 Mill Drive, Law, with garden ground, rights in common and rights of access, registered under Title Number XXX.

2/2, 1 Avenue Street, Rutherglen, with rights in common, registered under Title Number XXX.

Northmost house on ground floor, 5 Candlemill Road, Stonehouse, registered under Title Number XXX.

• If the flat has a unique postal address there is no need to include the flat position.
• There will be no plans references provided for any exclusive or common parts/areas (other than for the external common area), however the description of the subjects should include a brief reference to any such areas/parts to indicate that the property excepted includes more than only the flat.
• If the excepted subjects have a servitude right, the reference to it in the schedule should not include a plans reference, even if one has been provided.
• If there are multiple pro indiviso shares/rights in common/other rights to different areas/parts there is no need to list them all, a simple reference such as “with rights in common” will suffice.
• The date added to the Date of Recording or Registration field should be the date the breakaway deed was recorded or registered.
• No plans references will be provided for the excepted flats (other than for the external common area) – if references are required for any servitudes/real burdens add a note for plans on the title workdesk.
• Add a restrictive note in respect of the external common area to indicate the number of shares included in the KIR title. The number of shares included in the KIR title will be based on the number of flats in the tenements retained in the KIR title that share the external common area, subject to the number of flats referred to in the schedule of exceptions. For example:

Note: As to the part tinted yellow on the cadastral map only 14/18 pro indiviso shares are included in this cadastral unit, subject to the exceptions narrated in the Schedule of Exceptions above.

In this example, 18 flats share the external common area and there are 4 flats in the excepted tenement. Prior conveyancing indicates that each flat is allocated 1/18th share in the external common area. The restrictive note narrates the total number of shares pertaining to the tenements in the KIR title, i.e. fourteen flats - fourteen shares. The shares pertaining to the flats previously conveyed from the tenements remaining in the KIR title are taken into account by entries in the Schedule of Exceptions. 

If the council still own a flat within that existing tenement steading cadastral unit then the plans settler will have created a separate KIR title for that existing tenement steading cadastral unit.

• The additional KIR title should be settled at the same time as the main KIR title.
• For the additional KIR:
  • The title number for this additional KIR title will be the tenement steading cadastral unit number.
  • The subjects in the additional KIR title will comprise the tenement steading cadastral unit under exception of

(I) previously conveyed flats within the tenement being registered in this additional KIR and their shares in the external common area and

(II) shares in the external common area that pertain to flats in other tenements.

• Check that the external common area has been referenced on the cadastral map for the additional KIR title.
• Only those flats remaining in council ownership will be included in the description of the subjects, unless addresses of previously conveyed flats cannot be matched to UPRN addresses (in which case, all addresses within the tenement will be narrated).
• The plans settler will have provided details of the previously conveyed flats along with the relevant title numbers/sasines details/property details.
• Check the information provided by plans against the flats identified at the search sheet / Plan Viewer check.
• Add schedule of exceptions for the flats previously conveyed.
• In the Subjects field add brief details of the property conveyed including postal address, exclusive parts/areas (if any), pro indiviso shares/rights in common (if any), rights of access (if any), and the title number( if applicable). For example:

13 Mill Drive, Law, with garden ground, rights in common and rights of access, registered under Title Number XXX.

2/2, 1 Avenue Street, Rutherglen, with rights in common.

Northmost house on ground floor, 5 Candlemill Road, Stonehouse, registered under Title Number XXX.

• If the flat has a unique postal address there is no need to include the flat position.
• There will be no plans references provided for any exclusive or common parts/areas (other than for the external common area), however the description of the subjects should include a brief reference to any such areas/parts to indicate that the property excepted includes more than only the flat.
• If the excepted subjects have a servitude right, the reference to it in the schedule should not include a plans reference, even if one has been provided.
• If there are multiple pro indiviso shares/rights in common/other rights to different areas/parts there is no need to list them all, a simple reference such as “with rights in common” will suffice.
• The date added to the Date of Recording or Registration field should be the date the breakaway deed was recorded or registered.
• In the event of a property being excepted because an advance notice or plans report has been submitted, or the Keeper has been notified that a property has been sold, the Date of Recording or Registration field should be completed with No Register. 
• No plans references will be provided for the excepted flats (other than for the external common area) – if references are required for any servitudes/real burdens add a note for plans on the title workdesk.
• Add a restrictive note in respect of the external common area to indicate the number of shares included in the additional KIR title. The number of shares included in the additional KIR title will be based on the number of flats in the tenement, subject to the number of flats referred to in the schedule of exceptions. For example:

Note: As to the part tinted yellow on the cadastral map only 4/18 pro indiviso shares are included in this cadastral unit, subject to the exceptions narrated in the Schedule of Exceptions above.

In this example, 18 flats share the external common area and there are 4 flats in this tenement. Prior conveyancing indicates that each flat is allocated 1/18th share in the external common area. The restrictive note narrates the total number of shares pertaining to this tenement, i.e. four flats in this tenement - four shares. The shares pertaining to the flats previously conveyed from this tenement are taken into account by entries in the Schedule of Exceptions.

• The plans settler will have created TU applications for the existing flat titles that refer to the original cadastral unit number and updated the title sheets to refer to the new KIR tenement steading cadastral unit number.
  • Check the title sheets have been updated. The TU applications should be completed at the same time as the KIR applications.

5.  Flat address cannot be matched to UPRN address

If the addresses of some of the previously conveyed flatted properties cannot be matched to UPRN addresses, separate KIR titles will have been created for each of the affected tenement steadings (assuming the council retain ownership of the remainder of the tenement). The plans settler will have provided details on the title N&I.

The tenement itself will be whited out and excepted from the main KIR title. The external common area, however, will not be whited out and excepted from main KIR title if the council retain rights/shares in it which pertain to flats that will be included in the main KIR title. i.e. If a flat with a right/share in an external common area is being included in the main KIR title then the associated right/share in the external common area must also be included in the main KIR title.

The plans settler will have created a separate tenement steading cadastral unit and KIR title for the tenement being excluded. The extent of this separate tenement steading cadastral unit will be extended to include the external common area which will be referenced on the cadastral map. The external common area will also be referenced on the cadastral map for the main KIR.

• The additional KIR title should be settled at the same time as the main KIR title.
• For the additional KIR title:
  • The subjects in the additional KIR title will comprise the tenement steading cadastral unit, under exception of

(I) previously conveyed flats within the tenement being registered in this additional KIR title and their shares in the external common area and

(II) shares in the external common area that pertain to flats in other tenements.

• • Check that the external common area has been referenced on the cadastral map for the additional KIR title.
  • As the UPRN addresses cannot be matched to the addresses of some of the previously conveyed flats, all addresses of the flatted properties within the tenement will be narrated in the property section.
  • The plans settler will have provided details of the previously conveyed flats along with the relevant title numbers/sasines details/property details.
  • Check the information provided by plans against the flats identified at the search sheet / Plan Viewer check.
  • Add schedule of exceptions for the flats previously conveyed.
    • In the Subjects field add brief details of the property conveyed including postal address, exclusive parts/areas (if any), pro indivisoshares/rights in common (if any), rights of access (if any), and the title number (if applicable). For example,

13 Mill Drive, Law, with garden ground, rights in common and rights of access, registered under Title Number XXX.

2/2, 1 Avenue Street, Rutherglen, with rights in common. 

Northmost house on ground floor, 5 Candlemill Road, Stonehouse, registered under Title Number XXX.

• If the flat has a unique postal address there is no need to include the flat position.
• There will be no plans references provided for any exclusive or common parts/areas (other than for the external common area), however the description of the subjects should include a brief reference to any such areas/parts to indicate that the property excepted includes more than only the flat.
• If the excepted subjects have a servitude right, the reference to it in the schedule should not include a plans reference, even if one has been provided.
• If there are multiple pro indiviso shares/rights in common/other rights to different areas/parts there is no need to list them all, a simple reference such as “with rights in common” will suffice.
• The date added to the Date of Recording or Registration field should be the date the breakaway deed was recorded or registered.
• In the event of a property being excepted because an advance notice or plans report has been submitted, or the KIR (Public) team has been notified that a property has been sold, the Date of Recording or Registration field should be completed with No Register.
• No plans references will be provided for the excepted flats (other than for the external common area) – if references are required for any servitudes/real burdens add a note for plans on the title workdesk.
• Add a restrictive note in respect of the external common area to indicate the number of shares included in the additional KIR title. The number of shares included in the additional KIR title will be based on the number of flats in the tenement, subject to the number of flats referred to in the schedule of exceptions. For example:

Note: As to the ground tinted yellow on the cadastral map, only 4/16 pro indiviso shares are included in this cadastral unit, subject to the exceptions narrated in the Schedule of Exceptions above.

In this example, 16 flats share the external common area and there are 4 flats in this tenement. Prior conveyancing indicates that each flat is allocated 1/16th share in the external common area. The restrictive note narrates the total number of shares pertaining to this tenement, i.e. four flats in this tenement - four shares. The shares pertaining to the flats previously conveyed from this tenement are taken into account by entries in the Schedule of Exceptions.

• For the main KIR:
  • Check that only the tenement has been whited out/excepted from the main KIR title.
  • Check that the external common area has been referenced on the cadastral map.
  • Only those flats remaining in council ownership will be included in the description of the subjects.
  • The plans settler will have provided details of any previously conveyed flats from other tenements that remain in the main KIR title and share the external common area, along with the relevant title numbers.
  • Check the information provided by plans against the flats identified at the search sheet / Plan Viewer check.
  • Add schedule of exceptions for the flats previously conveyed.
    • In the Subjects field add brief details of the property conveyed including postal address, exclusive parts/areas (if any), pro indiviso shares/rights in common (if any), rights of access (if any), and the title number. For example,

13 Mill Drive, Law, with garden ground, rights in common and rights of access, registered under Title Number XXX.

2/2, 1 Avenue Street, Rutherglen, with rights in common, registered under Title Number XXX.

Northmost house on ground floor, 5 Candlemill Road, Stonehouse, registered under Title Number XXX.

• If the flat has a unique postal address there is no need to include the flat position.
• There will be no plans references provided for any exclusive or common parts/areas (other than for the external common area), however the description of the subjects should include a brief reference to any such areas/parts to indicate that the property excepted includes more than only the flat.
• If the excepted subjects have a servitude right, the reference to it in the schedule should not include a plans reference, even if one has been provided.
• If there are multiple pro indiviso shares/rights in common/other rights to different areas/parts there is no need to list them all, a simple reference such as “with rights in common” will suffice.
• The date added to the Date of Recording or Registration field should be the date the breakaway deed was recorded or registered.
• No plans references will be provided for the excepted flats (other than for the external common area) – if references are required for any servitudes/real burdens add a note for plans on the title workdesk.
• Add a restrictive note in respect of the external common area to indicate the number of shares included in the main KIR. The number of shares included in the main KIR title will be based on the number of flats in the tenements retained in the main KIR title that share the external common area, subject to the number of flats referred to in the schedule of exceptions. For example:

Note: As to the part tinted yellow on the cadastral map only 12/16 pro indiviso shares are included in this cadastral unit, subject to the exceptions narrated in the Schedule of Exceptions above.

In this example, 16 flats share the external common area and there are 4 flats in the excepted tenement. 3 tenements of 4 flats have been retained in the main KIR title. Prior conveyancing indicates that each flat is allocated 1/16th share in the external common area. The restrictive note narrates the total number of shares pertaining to the tenements within the main KIR title, i.e. twelve flats - twelve shares. The shares pertaining to the flats previously conveyed from the tenements remaining in the main KIR title are taken into account by entries in the Schedule of Exceptions.