Question reference: S6W-03873
- Asked by: Stuart McMillan, MSP for Greenock and Inverclyde, Scottish National Party
- Date lodged: 21 October 2021
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Current status: Answered by Ash Regan on 29 October 2021
Question
To ask the Scottish Government what consideration it has given to introducing legislation similar to the Access to Neighbouring Land Act 1992, particularly in relation to allowing homeowners temporary access to neighbouring land to carry out repairs or maintenance to their property.
Answer
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 may be viewed 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.
If however, the member has evidence that a change in the law would be helpful, I would be happy to consider the issue further.