Prepare for Mapping - FR Plans - RA
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This User Guide covers the plans settle process for those FR applications within an RA that do not have a COF which is suitable for approval. For those applications with COFs being approved, although the mapping steps will not be required, consideration of the other settle steps is still necessary to ensure that a correct title sheet and cadastral unit is produced.
If the application contains a degree of complexity beyond your grade or level of experience, please follow agreed local processes for referral or re-categorisation upwards.
Process Steps
Additional Information
Make preparations for mapping
2.1 Log in to the Plan Creator.
2.2 In the Plan Viewer (PV), carry out an Index Map search to see if a draft cadastral unit (DCU) has already been created for your particular FR application.
2.3 If a DCU exists for your application number, use the guidance on Re-opening a DCU to open the DCU for editing in the Plan Creator.
2.4 If no DCU exists for your application number, use the guidance on Creating a DCU to open a new DCU for editing in the Plan Creator.
- Manually identify the property being registered using the Location Search function - this can be done using the address of the property, an existing title number for a flat in the same block, or by searching on the map.
- Ensure the seed point being generated is located within the property being registered.
The UPRN address of the property must be used for the seed point of the subjects, if it exists. If in doubt, please check the LRS.
If no UPRN address exists for the subjects being registered, then locate the seed point within the building within the extent, if one exists; otherwise locate within the extent of the cadastral unit.
2.5 Check if there is OS detail visible for the property being registered.
- Check the Basemap Investigation layer to see if newer map detail has been received but is not yet ready for release
- If the deed plan suggests that there may be newer OS detail that is significantly different from the versions on the Plan Creator/PV (for example, the site has been redeveloped), the assumption is that RoS do not yet hold the detail and the application may need to be referred to a referral officer to consider how it should be mapped.
2.6 Check the Application for Registration form - Part B to see if the question "If a plans pre-registration report has been issued by the Keeper in connection with this application, please quote the report number" has been answered.
2.6.1 If a report number has been provided on the form, check the Index Map to see if any plotted references or case notes are held in a COF related to that report. Such a COF may provide useful information about the extent of the property, common areas, etc. If you are in doubt about how you should proceed after reading a report, refer to a referral officer for guidance.
2.6.2 A report, and the documents submitted with the report, may also be viewed in the Reports Builder tool - the link to which can be found on the Plans Reports guidance page.
2.7 Read any correspondence that is included with the application and held on the CMS, and take appropriate action.
- If you are in doubt about how you should proceed after reading the correspondence, refer to a referral officer for guidance.
Search the index map
2.8 Ensure a thorough interrogation of the index map is done by carrying out an Area search around the full extent of your property, checking any results that are returned in the (i) Title Layer, (ii) the Draft Plans Layer, (iii) the Index Layer. and (iv) the Basemap Investigation Layer.
2.9 Take a note of the research area (RA) number(s) that affect the property being registered.
2.9.1 View the RA instructions in the Plan Creator casenotes.
2.9.1.1 If there are RA mapping instructions and there is a note saying the instructions have been updated for 2012 Act casework, proceed to step 2.9.2.
2.9.1.2 If there are RA mapping instructions but there is not a note saying the instructions have been updated for 2012 Act casework, refer the case to a referral officer so the RA instructions can be re-considered in line with the 2012 Act.
- Once the RA instructions have been updated and the case returned to you, proceed to step 2.9.2.
2.9.1.3 If the only instruction in the RA instructions is the "do not investigate before" date, proceed as follows:
- Refer the application to a plans RO2 referral officer who will check if there is a deed of conditions that affects the RA.
- Once the application is returned to you by the referral officer:
- There will be a note on the RA casenotes advising that the RA has now been checked for 2012 Act compliance.
- If there are no mapping instructions in the RA instructions but only the "do not investigate before" date, proceed to step 2.9.3.
- If a mapping instruction has been added to the RA instructions for 2012 Act cases, proceed to step 2.9.2.
- The application will be referred to you by a plans SO1 as the note in the RA instructions is the "do not investigate before" date. The RA does not contain a note saying it has been updated for 2012 Act cases.
- Check (i) the DIR/deed for extent to see if a Deed of Conditions is referred to for rights or burdens; and (ii) check the RA on the LRS to see if a Deed of Conditions is listed as one of the deeds in the RA (deed type 68).
- If there is a deed of conditions affecting the RA, pass to the referral officer(s) who are re-considering RA mapping instructions in line with the 2012 Act.
- If there is no deed of conditions, update the RA instructions in the Plan Creator to include the text "The RA has been checked and 2012 Act FRs can proceed".
- If there is a deed of conditions affecting the RA, pass to the referral officer(s) who are re-considering RA mapping instructions in line with the 2012 Act.
- Once the update has been done, the application should be returned to the plans SO1 for plans settle.
2.9.2 RAs often contain general instructions and sometimes more specific mapping instructions regarding both the extent of cadastral units and plans references required.
- If any RA instructions exist that relate to plans references required, colours to be used or references to be brought forward, take a note of these.
- If any RA instructions exist that relate to accepting defined features, etc. (in other words, instructions that could influence the extent of the property being registered), do not take a note of these. All applications received under the 2012 Act should be mapped and registered based on the content of the application, and not based on previous decisions made by the Keeper.
- If any RA instructions exist that relate to using existing supplementary data or groupings, take a note of these.
2.9.3 View the RA extent on the Index layer to determine whether it wholly affects the cadastral unit being registered.
2.9.4 If the cadastral unit being registered falls partly within the extent of more than one RA, take a note of any RA instructions for colour references to be used to show this. Remember to include this information in the LRS title notes.
2.9.5 If the cadastral unit being registered falls partly outwith the RA extent, check for an instruction in the RA to provide a plans reference for the part falling within the RA.
- If there is such an RA instruction, take a note of the reference to be provided
- If there is no such RA instruction, take a note as you will need to inform the legal settler in the LRS title notes that the property is only partly with the RA.
2.10 Check if the cadastral unit being registered is affected by a CIL (Community Interest in Land) entry on the Draft Plan layer.
- If it is affected, refer the application to a senior adviser who will check the application against the entry in the RCIL (Register of Community Interest in Land).
2.11 Check if the cadastral unit being registered is affected by a TPO (Tree Preservation Order) entry on the index layer.
- If it is affected, take a note of the TPO number and any mapping instructions, or see TPO Plans Guidance page for guidance on which references are needed.
2.12 Check if there are any previously registered servitudes that affect the cadastral unit.
- As servitudes may be shown on the ungrouped title layer of the cadastral map or in supplementary data/additional cadastral map views held in groupings, all layers must be checked.
- If such a servitude exists, take a note of it.
2.13 Check for previously registered cadastral units (PRs).
2.13.1 Take a note of any nearby PRs for a similar style of property.
2.13.2 Check for any PRs that include part of the cadastral unit that is being registered.
Property being registered | Previous registrations (PRs) | Result | Guidance |
---|---|---|---|
Exclusive ownership | Exclusive ownership | Competition in title | Pass to referral officer to consider rejection |
Exclusive ownership | Ownership in common with other properties | Competition in title | Pass to referral officer to consider rejection |
Ownership in common with other properties | Exclusive ownership | Competition in title | Pass to referral officer to consider rejection |
Ownership in common with other properties | Ownership in common with other properties | Common area | See Check for Common Areas and Shared Plots User Guide for actions to take |
Property being registered | Previous registrations (PRs) | Result | Guidance |
---|---|---|---|
Exclusive ownership | Exclusive ownership | Competition in title |
|
Exclusive ownership | Ownership in common with other properties | Competition in title | Firstly, pass to HEO referral officer (who may wish to consult an SEO referral officer) to consider if either: (a) the subjects are intended to include a right in common/pro indiviso share in the area, or (b) if the subjects have no interest remaining in that area and should therefore be mapped to exclude the area. Once that decision has been made, then follow the appropriate guidance, below:
|
Ownership in common with other properties | Exclusive ownership | Competition in title | Application received on or after 10 July 2018 - Subjects to be mapped to exclude the area of overlap Application received before 10 July 2018 - Pass to HEO referral officer, who will contact agent & give option of either (i) map to exclude or (ii) reject application. |
Ownership in common with other properties | Ownership in common with other properties | Common area | See Check for Common Areas and Shared Plots User Guide for actions to take |
2.14 In the CMS, read any existing Case Notes or Case Collaboration notes in case they give instructions or guidance on how the case is to proceed.
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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