Renewal of Notice of Potential Liability for Costs

General

The effect of a Notice of Potential Liability for Costs expires three years after its date of recording/registration. It can, however, be renewed by being re-registered before the expiry of that period.

Check carefully whether the deed submitted is the original Notice or a new deed. 

 

Original deed resubmitted within 3 years

Where the original deed is re-submitted for registration within the 3 year period retain the original entry and add a note to that entry in the following style:

Note: The above Notice was renewed by re-registration on dd mmm yyyy.

Original deed resubmitted outwith 3 years

Where the original deed is re-submitted for registration after the initial 3 year period has expired, remove the existing entry. You should treat the re-submitted deed as if it is a registration of a new Notice. (It is not for the Keeper to investigate whether the local authority has served appropriate notice on the proprietor).

New deed submitted within 3 years

When a new deed is submitted within the 3 year period, do not assume that it is to give effect to a renewal. Accordingly, add a new entry to the title sheet and retain the existing entry.

New deed submitted outwith 3 years

When a new deed is submitted outwith the 3 year period of an existing entry, remove the existing entry. 

Any variation on the above should be referred through usual channels for guidance.

 

 

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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