Specifics of the registration of apartments or premises that form part or a building

Home / European Land Registry Network / Scotland / Specifics of the registration of apartments or premises that form part or a building

1. With respect to the registration of the apartments of the condominium: are there any specific formal characteristics of the registration related to the condominium or any characteristics that indicate that such apartments are subjected to a condominium, such as a formal statement, a number or other sign in the condominium or the corresponding share related to each apartment?

In most instances the description of the flat itself would indicate that the subjects form part of a tenement. The rights and burdens contained in the title sheet for the flat will also likely reveal the tenement relationship by narrating the access, use and maintenance obligations affecting any common areas.

The Land Registration etc. (Scotland) Act 2012 (the 2012 Act) also allows for the creation of «shared plot» title sheets. When a common area falls outwith the tenement extent a separate title sheet for that area will be created. The shared plot title sheet will contain details of all the registered titles that have a right of common ownership to the area. Similarly, subjects with a right to the common area («sharing plots») will contain a note of the shared plot title number in the property section of the title sheet.

2. Anyway, does registration of the apartment include the share of the apartment related to the global condominium?

The title sheet will not reflect the quantum share that the flat represents in terms of the tenement as a whole.

3. What type of relationship is there between the registration of the building and the registrations of the apartments? Are the building and the apartments in absolutely separated registrations, with no connection at all?

The cadastral map shows the boundaries of each cadastral unit (a cadastral unit represents a single registered plot of land) along with the extent of all registered rights. Each cadastral unit is assigned a unique number and, in most cases, this corresponds to the title number for the plot of land. A title sheet describes the plot of land by reference to the cadastral map; the property description narrates the cadastral unit number of the plot. Cadastral units cannot overlap and areas owned in common must have their own cadastral unit (and corresponding title sheet).

With regard to apartments, RoS is allowed to represent the building (including any land pertaining to it) and all the registered flats (apartments) within it, as a single cadastral unit. This applies to any subdivided building comprising at least two flats in separate ownership and separated vertically. In practice, this allows one cadastral unit to contain more than one title sheet. Although the 2012 Act contains provision for the mapping of flats individually using vertical boundaries in the future, it is current RoS policy not to do so.

4. Which physical data of the apartments are usually collected in the registration to describe the property? (Floor or storey where located, surface, boundaries, access, rooms, postal address, cadastral code).

The register will largely reflect the wording of the title deeds. This will usually include the floor location and the postal address..

5. If registrations in your system refer to a plan or to the cadastral map, how (if at all) does the plan show the position (horizontal and vertical) of the apartment within the building?

In the Land Register, the plan will usually show the extent of the tenement steading (the area of land within which the tenement building and all associated ground is located). The location of the flat within the tenement will be identified verbally.