Developing property in Scotland—site acquisition and vacant possession
Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders
Developing property in Scotland—site acquisition and vacant possession

The following Property practice note produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders provides comprehensive and up to date legal information covering:

  • Developing property in Scotland—site acquisition and vacant possession
  • Access
  • Servitudes
  • Utilities
  • Real Burdens
  • Rights of pre-emption
  • Community Right to Buy
  • Temporary rights over neighbouring land
  • Archaeological and/or human remains
  • Boundaries
  • More...

Developing property in Scotland—site acquisition and vacant possession

Brexit: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see: Demolition and site clearance below.

The viability and success of a development site depends on obtaining satisfactory answers to a range of legal and practical questions. While attention tends to focus on the headline commercial terms of a deal, and on major issues such as planning permission, roads construction consent and environmental investigations, it is essential not to overlook issues that may cause significant delay, or even preclude successful development.

Access

Direct access to the nearest adopted road can be fundamental to a development's viability. A developer will rely on the information disclosed in a property enquiry certificate (PEC) in this regard, but it is also imperative to see a roads adoption plan, which will disclose the extent of the road which has been taken over by the local authority for maintenance and will confirm, for example, the extent of the verge included in that adoption. It may be appropriate to submit a plan of the intended development along with the application for the property enquiry certificate

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