Listed Buildings - Example Deeds

General

There are various notices registrable by virtue of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. These notices may be registered only on the application of Scottish Ministers or a planning authority (the local authority). Entries for these notices are made in the burdens section of a title sheet.
 

Notice of liability for expenses

This notice gives details of expenses of certain urgent works carried out in relation to the listed building specified in the notice. A person may, on becoming owner of the listed building, be liable by virtue of section 50A of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 for any outstanding expenses relating to the works.

Listed building to which the notice relates. [This must describe the listed building in a way that is sufficient to identify it. Where the building has a postal address, the description must include that address. Where title to the building has been registered in the Land Register, the description must refer to the title number of the building or of any larger subjects of which it forms part. Otherwise, the description should refer to and identify a deed recorded in a specific division of the Register of Sasines.]

Description of the works to which the notice relates. [The work is to be described in general terms.]

Expenses of the works: [The amount of the expenses of the works should be given.]

Person giving notice. [The name and address of the planning authority or, as the case may be, the person acting for the Scottish Ministers applying for registration of the notice.]

Signature. [The notice must be signed for or on behalf of the planning authority or the Scottish Ministers as appropriate.]

Date of signing. 

Minor variations from the style in format and layout are acceptable. However, a notice should be rejected if it does not include the minimum content required by the statute, i.e.:

  • details of the listed building
  • description of works
  • details of expenses
  • party serving notice
  • be executed.
Notice of renewal

This notice gives details of expenses of certain urgent works carried out in relation to the listed building specified in the notice. A person may, on becoming owner of the listed building, be liable by virtue of section 50A of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 for any outstanding expenses relating to the works. The amount relates to works in respect of which a notice of liability for expenses has been registered.

Listed building to which the notice relates. [This must describe the listed building in a way that is sufficient to identify it. Where the building has a postal address, the description must include that address. Where title to the building has been registered in the Land Register, the description must refer to the title number of the building or of any larger subjects of which it forms part. Otherwise, the description should refer to and identify a deed recorded in a specific division of the Register of Sasines.]

Description of the works to which the notice relates. [The work is to be described in general terms.]

Expenses of the works: [The amount of the expenses of the works should be given.]

Notice of liability for expenses to which the notice of renewal relates: [details should be given of the notice of liability for expenses to which the notice of renewal relates by reference to its date of registration in the Land Register or the date of its recording in the Register of Sasines]

Person giving notice. [The name and address of the planning authority or, as the case may be, the person acting for the Scottish Ministers applying for registration of the notice.]

Signature. [The notice must be signed for or on behalf of the planning authority or the Scottish Ministers as appropriate.]

Date of signing.

Minor variations from the style in format and layout are acceptable. However, a notice should be rejected if it does not include the minimum content required by the statute, i.e.:

  • details of the listed building
  • description of works
  • details of expenses
  • details of original notice
  • party serving notice
  • be properly executed.


Notice of determination

This notice specifies the amount recoverable in a notice given by the Scottish Ministers under section 50(5) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. The amount relates to works in respect of which a notice of liability for expenses has been registered.

Amount recoverable: [The amount specified in the Scottish Ministers' determination under section 50(5) of the 1997 Act in respect of representations made to them under section 50(4) of that Act should be given.]

Listed building to which the notice relates: [The listed building should be described in the same way as it is described in the notice of liability for expenses.]

Description of the works to which the notice relates: [The work is to be described in the same way as it is described in the notice of liability for expenses.]

Notice of liability for expenses to which the amount recoverable relates: [details of the notice of liability for expenses to which the amount recoverable relates should be given by reference to the registration or recording date]

Person giving notice: [The name and address of the planning authority or, as the case may be, the person acting for the Scottish Ministers applying for registration of the notice.]

Signature: [The notice must be signed for or on behalf of the planning authority or the Scottish Ministers as appropriate.]

Date of signing:

Minor variations from the style in format and layout are acceptable. However, a notice will be rejected if it does not include the minimum content required by the statute, i.e.:

  • amount recoverable
  • details of the listed building
  • description of works
  • details of notice
  • party who served the notice
  • be properly executed.
Notice of discharge

This notice discharges the [notice of liability for expenses/notice of renewal] described below.

[Notice of liability for expenses] [Notice of renewal] discharged: [The details of the notice of liability for expenses or the notice of renewal as appropriate being discharge should be given by reference to its registration/recording date]

Listed building to which the notice relates: [This must describe the listed building in the same way as it is described in the notice of liability for expenses or the notice of renewal as appropriate.]

Description of the works to which the notice relates: [This must describe the works in the same way as it is described in the notice of liability for expenses or the notice of renewal as appropriate]

Person giving notice: [The name and address of the planning authority or, as the case may be, the person acting for the Scottish Ministers applying for registration of the notice.]

Signature: [The notice must be signed for or on behalf of the planning authority or the Scottish Ministers as appropriate.]

Date of signing. 

Minor variations from the style in format and layout are acceptable. However, a notice will be rejected if it does not include the minimum content required by the statute, i.e.:

  • details of original notice
  • details of the listed building
  • description of works
  • party who served the notice
  • be properly executed.


Registers of Scotland (RoS) seeks to ensure that the information published in the 2012 Act Registration Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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