New builds & Factors in Scotland

magd36

When a new estate is built in Scotland there is a general tie in that the communal grounds must be maintained by a Property Factor.

Does anyone have any idea where to begin with regards to your rights and laws regarding this matter. I'm not talking about flats I'm talking about estates with detached and semi-datached properties.

Specifically:

Can the home owners on the estate takeover and maintain the communal grounds themselves?

Can you ask for the council to maintain the communal grounds instead?

Who owns the communal land if you wanted to buy some of it?

Any information or a starting point would be greatly appreciated.:beer:

longforthesun

Hi there i used to work for a Factors but I can't remember the ins and outs however I would suggest you look at your Deeds as that will give you some information regarding your factors what you can and can't do. Regarding buying land I used to live in a new development with some land next to me, we had looked into purchasing the land and when we investigated who owned the land we were told it was our builders but that they had passed on responsibility (SP) of this land to our factors and to contact them.

Regarding homeowners taking over the communal land I am sure it can be done but you need to take into consideration insurance needed for playparks and public liability, it's not just a case of cutting the grass and looking after the plants.

r.mac_2

When a new estate is built in Scotland there is a general tie in that the communal grounds must be maintained by a Property Factor.

Does anyone have any idea where to begin with regards to your rights and laws regarding this matter. I'm not talking about flats I'm talking about estates with detached and semi-datached properties.

Specifically:

Can the home owners on the estate takeover and maintain the communal grounds themselves?

Can you ask for the council to maintain the communal grounds instead?

generally both these can occur - however a set percentage of the other owners of the properties on the estate must agree to this. This can be very difficult to achieve, especially if the estate is large. This will vary from estate to estate and should be in the deeds or contract with the factors.


Who owns the communal land if you wanted to buy some of it?

This can also vary - and in many cases cannot be sold off and/or would be extremely difficult and require the whole estates agreement. However checking the deeds to your property should help clarify this.

Any information or a starting point would be greatly appreciated.:beer:
As for a starting point is there a residents committee? If so get involved with them and they can be helpful in outlining the situation to you.

Who built the estate? approaching them may also help you.

Dig out your deeds, or get a copy from the Land Register (I presume its a newish development?) or your bank (if you have a mortgage) or solicitor. Read them - if it's a new build it should be straight forward enough. Otherwise approaching a solicitor to help would be wise. Good luck x

magd36

Thanks guys.

Looks like the Factor may be the first port of call. I have the tital deeds but they are quiet difficult to interpret as it's all legal speak.

The estate is very small and doesn't have any play parks or the likes so it may be a possibility to move forward.

Cheers