Property and land law reform

The Scottish Government held a consultation on proposals for a new Heat in Buildings Bill.

The consultation sought views on a range of legislative proposals relating to how buildings in Scotland are heated, including: ending the use of “polluting heating systems” after 2045; requiring those purchasing a home or business premises to end their use of “polluting heating systems” within a fixed period following completion of the sale; and requiring private landlords and homeowners to make sure that their properties meet a minimum energy efficiency standard by 2028 and 2033 respectively.

The King's and Lord Treasurer's Remembrancer (KLTR) held a consultation on introducing an ownerless property transfer scheme (OPTS).

The Scottish Government held a consultation on proposals for the measures to be contained in a new Land Reform Bill. The Scottish Government has committed to bringing forward the Bill in this parliamentary session.

The Department for Business, Energy and Industrial Strategy held a call for evidence seeking views on the current land rights and consents processes for electricity network infrastructure. The call for evidence sought to understand whether the current processes are fit for purpose or whether they act as a barrier to the build of electricity network infrastructure, and views on what improvements could be made.

Alex Rowley MSP held a consultation on a proposal for a Bill to introduce new minimum environmental design standards for all new-build housing to meet the Passivhaus standard, or a Scottish equivalent, in order to improve energy efficiency and thermal performance.

The Scottish Government held a consultation on A New Deal for Tenants – Draft Rented Sector Strategy, seeking to improve accessibility, affordability choices and standards across the whole rented sector in Scotland. 

The Scottish Law Commission held a consultation on their Discussion Paper on Heritable Securities: Default and Post-Default as part of their Heritable Securities project.

The Scottish Government held a consultation seeking views from stakeholders and the public on the current Land Rights and Responsibilities Statement and whether any revisions are required.

The Scottish Law Commission held a consultation on their draft Leases (Automatic Continuation etc.) (Scotland) Bill under their Aspects of Leases project.

The UK Government announced on 10 February 2021 that it would introduce a new Residential Property Developer Tax as part of its Building Safety Package. The tax is one of the government’s measures to bring an end to unsafe cladding, provide reassurance to homeowners and support confidence in the housing market. The government consulted on the design of that tax ahead of its inclusion in the 2021-22 Finance Bill.

The Scottish Government called for views on the future of the Scottish Land Court and the Lands Tribunal for Scotland, and the main proposal to amalgamate the two bodies.

The Scottish Government launched a consultation to outline proposals aimed at tackling the issue of improving energy efficiency and reducing the demand for heat in owner occupied homes, which will play an important part in helping to reduce both greenhouse gas emissions and fuel poverty.

The consultation asked for views on the detail of setting the energy efficient standard for owner occupied homes in Scotland. This includes what the standard should be, when it should be introduced and how compliance with the standard could be checked and enforced. 

The Property Law Committee and Property & Land Law Reform Sub-committee provided written evidence to the Environment, Climate Change and Land Reform Committee’s on the Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) (Scotland) Regulations 2021 (the Regulations).

The Scottish Law Commission has issued a discussion paper which considers pre-default matters such as the creation and transfer of heritable securities and the obligations which they can secure.

The Scottish Government has issued a consultation on secondary legislation proposals relating to Part 5 of the Land Reform (Scotland) Act 2016 – the Right to Buy Land to Further Sustainable Development.

The UK Government has issued a consultation on the Redress for purchasers of new build homes and the New Homes Ombudsman.

Graham Simpson MSP has issued a proposal for a Bill to establish standard missives for the sale of new-build homes, including redress for purchasers in respect of defects in construction.

The Scottish Parliamentary Working Group has been meeting since March 2018 with the purpose of establishing solutions to aid, assist and compel owners of tenement properties to maintain their buildings. On 16th January 2019 the working group published interim recommendations to enhance the ability of tenement owners to work collectively encouraging and enabling effective maintenance and repair of their properties.

The Scottish Government has issued a consultation on the accepted Barclay recommendations which require primary legislation.

The Scottish Government has issued a consultation on proposals which are intended to strengthen the system of landlord registration in a proportionate way that will help to ensure that homes rented to private rented sector tenants are of good quality and are managed professionally.

The Scottish Government has issued a consultation on the revised code of conduct for property factors.

The Scottish Government has issued a consultation on guidance for local authorities on how to fulfil the requirements of Part 8 of the Community Empowerment (Scotland) Act 2015 in relation to common good property.

The Scottish Government has issued a consultation to seek the views of key stakeholders on the draft guidance about engaging communities in decisions relating to land which may affect communities.

The Scottish Government has issued a consultation to update stakeholders on the current status of the Scottish Energy Performance Certificate Register (SEPCR), to advise on pending action to amend the statutory fees payable on lodgement of energy performance data and to seek views on the manner in which the register is funded.

 

The UK Government Department for Business, Energy & Industrial Strategy has issued a consultation to seek views on a beneficial ownership register to increase the transparency of overseas investment in property and public contracts.

The Scottish Parliament Local Government and Communities Committee has launched a call for written evidence as part of its scrutiny of common good property and funds.

Property and Land Law Reform Sub-Committee

Our expert group on property and land reform.

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Our responses to consultations

Our responses to recent consultations on various areas of law.

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Influencing the law and policy

One of the main functions of our policy team, along with our network of volunteers, is to analyse and respond to proposed changes in the law.

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