Part 4Premises

Reasonable adjustments

37Adjustments to common parts in Scotland

1

The Scottish Ministers may by regulations provide that a disabled person is entitled to make relevant adjustments to common parts in relation to premises in Scotland.

2

The reference in subsection (1) to a disabled person is a reference to a disabled person who—

a

is a tenant of the premises,

b

is an owner of the premises, or

c

is otherwise entitled to occupy the premises,

and uses or intends to use the premises as the person's only or main home.

3

Before making regulations under subsection (1), the Scottish Ministers must consult a Minister of the Crown.

4

Regulations under subsection (1) may, in particular—

a

prescribe things which are, or which are not, to be treated as relevant adjustments;

b

prescribe circumstances in which the consent of an owner of the common parts is required before a disabled person may make an adjustment;

c

provide that the consent to adjustments is not to be withheld unreasonably;

d

prescribe matters to be taken into account, or to be disregarded, in deciding whether it is reasonable to consent to adjustments;

e

prescribe circumstances in which consent to adjustments is to be taken to be withheld;

f

make provision about the imposition of conditions on consent to adjustments;

g

make provision as to circumstances in which the sheriff may make an order authorising a disabled person to carry out adjustments;

h

make provision about the responsibility for costs arising (directly or indirectly) from an adjustment;

i

make provision about the reinstatement of the common parts to the condition they were in before an adjustment was made;

j

make provision about the giving of notice to the owners of the common parts and other persons;

k

make provision about agreements between a disabled person and an owner of the common parts;

l

make provision about the registration of information in the Land Register of Scotland or the recording of documents in the Register of Sasines relating to an entitlement of a disabled person or an obligation on an owner of the common parts;

m

make provision about the effect of such registration or recording;

n

make provision about who is to be treated as being, or as not being, a person entitled to occupy premises otherwise than as tenant or owner.

5

In this section—

  • “common parts” means, in relation to premises, the structure and exterior of, and any common facilities within or used in connection with, the building or part of a building which includes the premises but only in so far as the structure, exterior and common facilities are not solely owned by the owner of the premises;

  • “relevant adjustments” means, in relation to a disabled person, alterations or additions which are likely to avoid a substantial disadvantage to which the disabled person is put in using the common parts in comparison with persons who are not disabled.