Deeds of conditions and development management schemes in Scotland
Produced in partnership with Rachel Oliphant of Pinsent Masons LLP
Deeds of conditions and development management schemes in Scotland

The following Property guidance note Produced in partnership with Rachel Oliphant of Pinsent Masons LLP provides comprehensive and up to date legal information covering:

  • Deeds of conditions and development management schemes in Scotland
  • Background to deeds of conditions and development management scheme (DMS)
  • Dealing with common areas in developments
  • Drafting a deed of conditions
  • Manager burdens
  • The DMS

Background to deeds of conditions and development management scheme (DMS)

Where land is developed with a number of residential or commercial units which will be sold off separately there are usually shared common areas intended for use by the owners of all of the units within the development. These could include shared visitor parking areas, hard and soft landscaping, sustainable urban drainage systems, play areas, bin and bike stores. Sometimes some of the common areas are adopted by the local authority or by a statutory undertaker but increasingly the liability for maintenance rests with the owners of the development. The developer needs to set up a scheme for the management and maintenance of the development including ensuring the owners maintain the individual units and the shared common areas.

Traditionally this was done using a deed of conditions imposing the same real burdens on all of the units, setting out provisions for calling of meetings and appointing a factor or manager to look after the common areas and granting and reserving servitude rights over the development for the benefit of each unit and any land retained by the developer.

Deeds of conditions were introduced by section 32 of the Conveyancing (Scotland) Act 1874 and ceased to have a separate statutory basis on 28 November 2004 when the Title Conditions (Scotland) Act 2003