Check for Common Areas & Shared Plots - TP Plans - Cat A - Tenement

Process Steps

Additional Information

Check for common areas and shared plots


3.1 Read the deed for extent to check for any part of the property being registered that is a common area.

3.1.1 Check the Common Areas questions in Part B of the Application for Registration form to see if the question "Does the deed being registered transfer any area of ground that is owned in common with another person or persons?" has been answered. This question can help you establish if there are any common areas being registered in the application.

3.1.2 If the answer is Yes, check the answer to the next question, "If yes, has the area been included in any registered title(s)?". Again, if the answer is Yes, take a note of any title number given in the response as this information can help with identifying PRs with extents that may be used to help the mapping process.


3.2 If there are no common areas being registered, proceed straight to the next part of the process - Map the title - TP Plans - Cat A - Tenement.



Common areas within the tenement steading cadastral unit

  • If there are common areas being registered that fall within the parent title/tenement steading cadastral unit, section 16 of the 2012 Act provides that these may be acceptable for registration if they are shown on a deed plan, described with a full bounding description, or described verbally.
  • These steps also apply to those external common areas that are being registered under the transitional provisions.
  • It is likely that the mapping instructions in the parent title will give details of how flats from the block should be mapped.


3.3 If there are no common areas being registered that fall within the tenement steading cadastral unit, proceed to step 3.7.


3.4 Common areas within the tenement steading cadastral unit that are shown on a deed plan or described with a full bounding description will be mapped if the deed plan or bounding description provided is acceptable.

  • The plans references for common areas within the tenement steading cadastral unit will not be shown on the cadastral map. Instead they will be shown on a plan containing supplementary data to the title sheet for the flat or unit, and this will be created as an SPL Index Entry on the DMS.

3.4.1 If the deed plan or bounding description is unacceptable, refer to a referral officer to consider for rejection.

3.4.2 Check if the 25 metre rule applies to any of the common areas.

    • If the rule does not apply, proceed to step 3.4.3.
    • If the rule does apply, refer to a referral officer for guidance.

3.4.3 Check any PRs you have already identified at steps 2.14 and 3.1.2, and take a note of any that contain plotting that may be used to help the mapping process.

3.4.4 /wiki/spaces/2ARM/pages/63832184 on the DMS.

    •  Name it the same as the title number for the flat title sheet with the suffix -1 (for example, MID152099-1 or ARG5623-1).
    •  If more than one plan is required to show all the supplementary data, then the second plan should have the suffix -2, and so on.


3.5 Common areas within the tenement steading cadastral unit that are described verbally can be included verbally if the verbal description is acceptable.

3.5.1 If the verbal descriptions of the common areas are unacceptable:

    • if the description is in the DIR, refer to the referral officer to consider for rejection;
    • if the description is in a previously recorded deed, it will be treated as pro non scripto (in other words, it will be omitted from the title sheet). Take a note of this as you will need to advise the legal settler of this decision in the notes on the LRS.

3.5.2 If the verbal descriptions of the common areas are acceptable, take a note of this as you will need to advise the legal settler of this in the notes on the LRS.


3.6 Check the deed for extent and the parent title mapping instructions to establish what types of common areas are included within the tenement steading cadastral unit.

3.6.1 If all the common areas within the tenement steading cadastral unit are owned only by the flats in the tenement block, proceed to step 3.7 to check for shared plots.

3.6.2 If any of the common areas within the tenement steading cadastral unit are owned by more properties than just the flats in the tenement block, then they will be registered under the transitional provisions - Map the Title - TP Plans - Cat A - Tenement - common areas, transitional provisions.



Shared plots outwith the tenement steading cadastral unit

  • If there are common areas being registered that fall outwith the tenement steading cadastral unit, are owned by more properties than just the flats in the tenement block, and there are no 1979 Act PRs that include a right of common ownership in the areas, these will be registered under section 17 of the 2012 Act - Shared plots.
  • The keeper will set up a shared plot title sheet for the external common area, and it will be mapped as a separate cadastral unit.
  • External common areas that are shared plots are not covered by the provisions of section 16 of the 2012 Act. Therefore, they must be defined on an acceptable deed plan or in an acceptable full bounding description when first being mapped onto the cadastral map. Later applications may register a right by reference to the title number of the shared plot title sheet.
  • It is likely that the mapping instructions in the parent title will give details of how flats from the block should be mapped & which shared plots are involved.


3.7 Check the deed for extent, the parent title mapping instructions and the index map, and establish if a right of common ownership is being sold as a pertinent of the individual flat to an external common area that meets all of the following criteria:

  • The common area falls outwith the extent of the tenement steading cadastral unit; and
  • the common area is owned by more properties than just the flats in the tenement block; and
  • there are no 1979 Act PRs that include a right of common ownership in the common area.

3.7.1 If no such rights to external common areas exist, proceed to next process - Map the title - TP Plans - Cat A - Tenement.

3.7.2 If such rights to external common areas exist, these will now be referred to as external shared plots in this user guide - continue to step 3.8.


3.8 Check if the deed plan or bounding description identifying the extent of the external shared plot is acceptable.

3.8.1 If the deed plan or bounding description is unacceptable, refer to a referral officer to consider for rejection.

3.8.2 If the deed plan or bounding description is acceptable, proceed to step 3.9.


3.9 Does the deed for extent fully define all external shared plots?

  • This check is particularly aimed at common areas in a development of more than one block of flats, or a development with one block of flats and several houses, all of which share common amenity ground, etc.
  • This check is not required for common areas that fall within the tenement steading.
  • If the shared plot has already been set up in an prior application, it is sufficient for the deed to refer to the title number of the shared plot title sheet.

3.9.1 If the deed for extent fully defines all the external shard plots, proceed to step 3.10.

3.9.2 If the deed for extent does not fully define one or all of the external shared plots, use the Common Areas - include, omit or reject flow chart to work out the action to take for each such area of common ownership.

 Flow chart - Common areas - Include, omit or reject?

Visio 5032

3.9.3 If the result of the flow chart is that the application should be rejected, refer to a referral officer for rejection.

3.9.4 If the result of the flow chart is that a right to an external shared plot should be omitted from the title sheet,

    • Take a note of the right and the deed it is contained in as you will need to inform the legal settler of its omission by way of a title note on the LRS at a later stage in the process.
    • Proceed to step 3.9.5.

3.9.5 If the result of the flow chart is that a right to an external shared plot should be included in the title, proceed to step 3.10.


3.10 If there are rights in external shared plots being registered,

  • SO1 Plans Settlers should proceed to step 3.11,
  • Referral Officers should proceed to step 3.15.



SO1 plans settler


3.11 Check the parent title mapping instructions/L53 for any instructions relating to the external shared plot(s).

3.11.1 If instructions exist telling you which AS applications to have created:

3.11.1.1 Follow these instructions and create the necessary applications on the LRS - the guidance in TP - When to Create or Add to a Shared Plot Title Sheet will be helpful.

3.11.1.2 Proceed to the next part of the process - Map the Title - TP Plans - Cat A - Tenement - sharing plots.

3.11.2 If no such instructions exist, proceed to step 3.12.


3.12 Prepare a referral to be passed to your referral officer regarding the external shared plot(s) and how your flat should be registered.

3.12.1 Use the TP Common Areas Referral Form - only include information on the external shared plots.

3.12.2 From an Index Map search, check if the area has been set up as a shared plot cadastral unit on the cadastral map or not.

3.12.3 If the shared plot cadastral unit does already exist, provide details of the shared plot cadastral unit/title sheet number.

3.12.4 If there is more than one external shared plot forming part of the property being registered, provide separate details for each external shared plot in the referral form.

3.12.5 Where known, give details of the share that is being registered in each external shared plot (for example, 1/3 or 25% share).


3.13 When complete, place the referral sheet in the casebag, refer the application to Plans Settle on the LRS, and place the casebag on the referral shelf.

3.14 When the casebag is returned to you from the referral officer, take the case on at Plans Settle on the LRS and read the response to your referral.

3.14.1 If the instructions tell you to have AS applications created, follow the instructions in TP - When to Create or Add to a Shared Plot Title Sheet to create the new applications in the LRS.

3.14.2 Proceed to the next part of the process Map the Title - TP Plans - Cat A - Tenement - sharing plots.



Referral officers


3.15 Upon receipt of a referred application, check that the TP Common Areas Referral Form has been fully filled in for the external shared plots.

  • If the form is not complete, return the application to the plans settler & request they add the missing information.
  • If the form has been completed for the external shared plots, return the application to the plans settler and direct them to follow the steps above.

3.16 Take on the application at Plans Settle on the LRS.

3.17 Using the information provided on the Common Areas referral form, supported by an Index Map search if necessary, use the TP tenement shared plot flow chart & the Further Guidance on Mapping common areas & shared plots to decide which process should be followed.

 TP tenement shared plot flow chart

Visio 5027

3.18 Once the decisions have been made on the appropriate course of action for registering the right in the external shared plots, add instructions to the TP Common Areas Referral Form for the plans settler to follow.

For example:

  • Which existing shared plot title sheets should be added to (AS applications), and which common areas are to be added to each.
  • Please note, if a TS application is required to set up a new shared plot - the case should not be returned to the SO1 plans settler but should be recategorised as Cat B and completed following the TP Plans - Cat B User Guide.

3.19 Release the application back to the plans settler on the LRS.




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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