Current status: Answered by Ash Regan on 10 March 2022
To ask the Scottish Government what recourse residents have where Residential Amenity Greenspace, as defined by a Local Development Plan, moves into private ownership and is not being maintained.
The Property Factors (Scotland) Act 2011 sets minimum standards for the property management industry (including land maintenance companies). It provides protections for homeowners who use their services. The Act requires all factors to be on a national register and abide by a statutory Code of Conduct.
Homeowners who have complaints about the level of the service of their property factors can apply to the First-Tier Tribunal for Scotland (Housing and Property Chamber) for redress. Further information at: https://www.mygov.scot/property-factors/ .
If no property factor as defined in section 2(1) of the 2011 Act is appointed to maintain greenspace when it moves into private ownership, then homeowners should make contact with the owner of the land to establish the obligations that were agreed at hand over or sale of the greenspace. Enforcement may be required by the local authority or through the court. Homeowners may also wish to consult their title deeds and may wish to seek independent legal advice from an advice agency or solicitor.