Date lodged: 15 June 2016
To ask the Scottish Government whether it plans to change the legislation on property ownership to require property owners to allow reasonable access to their property if access is required to carry out vital repairs to a neighbouring property.
Answered by: Annabelle Ewing 28 June 2016
The Scottish Government has no current plans to change the legislation in this area.
In relation to flatted properties, section 17 of the Tenements (Scotland) Act 2004 gives homeowners reasonable access for maintenance and other purposes through the property of other owners. Section 17 is available at:- http://www.legislation.gov.uk/asp/2004/11/contents
There is no equivalent legislation for non-flatted properties. In some cases title deeds, servitude rights over neighbouring land or the common law may provide the necessary access rights. Access to neighbouring land might also be permitted by way of a private arrangement between individuals. Where parties are in dispute, mediation can sometimes provide assistance. However, if the member has evidence that a change in the law would be helpful, I would be happy to consider the issue further.