25 Metre Rule in Tenements

General

Under section 16 of the 2012 Act the Keeper can represent the plot of land occupied by a tenement and all the registered flats or units within it as a single cadastral unit on the cadastral map - this cadastral unit defines the extent of the tenement steading within which all the flats, their rights and pertinents are contained.

Section 16(3), however, sets out a different rule to be applied when an area of ground pertaining to one or more flat in the tenement lies or extends more than 25 metres from the tenement building. This applies to both common and exclusive areas, with different procedures applying to each.

When does the 25 metre rule apply?

A key point to be aware of is that the 25 metre rule only applies to tenement property in a limited set of circumstances. This is because the terms of section 16(3) are further described in Schedule 4, paragraph 25 of the 2012 Act:

Section 16(3) does not apply if any of the flats comprised in the flatted building mentioned in that subsection -

(a) is recorded in the Register of Sasines, or

(b) is registered by virtue of an application accepted under section 4 of the 1979 Act.

This, in practice, translates as the 25 metre rule only applies to 2012 Act applications of flats, when the first flat to be registered (or recorded) in that tenement was a 2012 Act application. If you are in doubt about whether the 25 metre rule applies to your application, refer to a referral officer.

Scenario	Do I need to check if the 25 metre rule applies to any land within the tenement?
FR application to register the first flat or unit in a brand new tenement - no 1979 Act PRs for any flat in the land register, no recorded deed for any flat in the sasine register.	Yes This is the first time a sub-division of this building has been registered under the 2012 Act or recorded so you will need to check if the 25 metre rule affects any land within the tenement steading.
TP application to register the first flat or unit in a brand new tenement - the parent title is registered in the land register but there are no 1979 Act PRs for any flat in the land register, and no recorded deed for any flat in the sasine register.	Yes This is the first time a sub-division of this building has been registered under the 2012 Act or recorded so you will need to check if the 25 metre rule affects any land within the tenement steading.
FR or TP application to register a second (or further) flat in a new tenement - a 2012 Act PR exists but there is no 1979 Act PR for any flat in the land register, and no recorded deed for any flat in the sasine register.	Yes As there are no 1979 Act PRs or deeds recorded in the sasine register for any flat within the the building, you will need to check if the 25 metre rule affects any land within the tenement steading. The 2012 Act PR within the tenement steading cadastral unit will be useful to you as a style of mapping should already have been set up.
FR or TP application to register a flat in a tenement - there is an existing 1979 Act land register title for at least one other flat in that tenement.	No A sub-division of this tenement has already been recorded in the sasine register or registered under the 1979 Act so Schedule 4, paragraph 25 of the 2012 Act means that you do not need to check if the 25 metre rule affects any land within the tenement steading.
FR application to register a flat in a tenement - there is a recorded deed in the sasine register for that same flat in that tenement (for example, the extent deed for the flat is a previously recorded deed).	No A sub-division of this tenement has already been recorded in the sasine register or registered under the 1979 Act so Schedule 4, paragraph 25 of the 2012 Act means that you do not need to check if the 25 metre rule affects any land within the tenement steading.
FR or TP application to register a flat in a tenement - there is a recorded deed in the sasine register for at least one other flat in that tenement.	No A sub-division of this tenement has already been recorded in the sasine register or registered under the 1979 Act so Schedule 4, paragraph 25 of the 2012 Act means that you do not need to check if the 25 metre rule affects any land within the tenement steading.

What do I check for?

Using the measure distance tool in either the Plan Creator or the measuring function in the Plan Viewer, start measuring from the nearest part of the sub-divided building within the tenement steading. If the plot of ground:

extends to more than 25 metres from the nearest point of the building, or
starts at a point that is 25 metres or more away from the nearest point of the building,

then you will need to apply the 25 metre rule to that plot of ground.

Applying the 25 metre rule to common areas

The tenement steading extent should be reduced to exclude the whole of the common area that is affected by the 25 metre rule.
The common area should be set up as a shared plot title sheet - all flats or units that have a right in common or pro indiviso share in that common area will become the sharing plot title sheets.
FR applications should be plans settled using the Map the Title on the Cadastral Map - FR Plans - RA - Tenement - Sharing Plots or the Map the Title on the Cadastral Map - FR Plans - Non RA - Tenement - Sharing Plots User Guides.
TP applications should be plans settled using the Map the Title on the Cadastral Map - TP Plans - Cat A - Tenement - sharing plot, Map the Title on the Cadastral Map - TP Plans - Cat B - Tenement - sharing plot or Map the Title on the Cadastral Map - TP Plans - Tenement First Removal - sharing plot User Guides.

Applying the 25 metre rule to areas of exclusive ownership

If the plot of exclusive ground that is affected by the 25 metre rule is dis-contiguous or separate from the tenement steading, then this should be set up as a separate title sheet.
The FR applications for the flat and the separate plot of ground should be plans settled together, using the tenement versions of the Map the Title on the Cadastral Map - FR Plans User Guides for the flat, and the non-tenement versions for the plot of ground.
The TP applications for the flat and the separate plot of ground should be plans settled together, using the tenement versions of the Map the Title on the Cadastral Map - TP Plans User Guides for the flat, and the non-tenement versions for the plot of ground.
If the plot of exclusive ground that is affected by the 25 metre rule is contiguous or abuts the tenement steading, then the extent of the tenement steading cadastral unit should be extended to include the plot of exclusive ground. Any plans reference required to show the extent of the plot of exclusive ground should be shown on a grouping that contains supplementary data for the individual flat or unit.
FR applications should be settled using a similar process to that found in the Map the Title on the Cadastral Map - FR Plans - RA - Tenement or the Map the Title on the Cadastral Map - FR Plans - Non RA - Tenement User Guides, but remembering to extend the tenement steading extent to include the plot of exclusive ground.
TP applications should be settled using a similar process to that found in the Map the Title on the Cadastral Map - TP Plans - Cat A - Tenement, Map the Title on the Cadastral Map - TP Plans - Cat B - Tenement or Map the Title on the Cadastral Map - TP Plans - Tenement First Removal User Guides, but remembering to extend the tenement steading extent to include the plot of exclusive ground.