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.
- Find out more on the Scottish Government website
- Read our response
The King's and Lord Treasurer's Remembrancer (KLTR) held a consultation on introducing an ownerless property transfer scheme (OPTS).
- Find out more on the KLTR's website
- Read our response
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.
- Find out more on the Scottish Government website
- Read our response
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.
- Find out more on the UK Government website
- Read our response
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.
- Find out more on the Scottish Parliament website
- Read our response
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.
- Find out more on the Scottish Government website
- Read our response
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.
- Read the consultation on the Scottish Law Commission's website
- Read our response
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.
- Read the consultation on the Scottish Government website
- Read our response
The Scottish Law Commission held a consultation on their draft Leases (Automatic Continuation etc.) (Scotland) Bill under their Aspects of Leases project.
- Read the consultation on the Scottish Law Commission's website
- Read our response
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.
- Read the original consultation.
- Read our response.
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.
- Read the Scottish Government's consultation
- Read the Law Society of Scotland's response (October 2020)
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.
- See the full consultation on the Scottish Government's website
- Read the Law Society's response
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).
- View the Subordinate Legislation on the Scottish Parliament's website
- Read our written evidence
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.
- View the discussion paper on the Scottish Law Commission website
- View the Law Society of Scotland's response here (October 2019)
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.
- View the consultation on the Scottish Government's website
- The Law Society of Scotland's response (September 2019)
The UK Government has issued a consultation on the Redress for purchasers of new build homes and the New Homes Ombudsman.
- View the consultation on the GOV.UK website
- The Law Society of Scotland's response (August 2019)
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.
- View the proposal on the Scottish Parliament's website
- View the Law Society of Scotland's response here (June 2019)
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.
- View the interim recommendations here.
- The Law Society of Scotland's comments (February 2019)
The Scottish Government has issued a consultation on the accepted Barclay recommendations which require primary legislation.
- View the consultation on the Scottish Government website
- The Law Society of Scotland's response (September 2018)
The Scottish Government has issued a consultation on the revised code of conduct for property factors.
- View the consultation on the Scottish Government website
- The Law Society of Scotland's response (January 2018)
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.
- View the consultation on the Scottish Government website
- The Law Society of Scotland's response (September 2017)
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.
- View the consultation on the Scottish Government website
- The Law Society of Scotland's response (June 2017)
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.
- View the consultation on the Scottish Government website
- The Law Society of Scotland's response (June 2017)
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.
- View the consultation on the GOV.UK website
- The Law Society of Scotland's response (May 2017)
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.
- View the call for evidence on the Scottish Parliament website
- The Law Society of Scotland's response (March 2017)