The Scottish Standard Clauses Are Changing – But Why Do They Matter To You?
News
3 years ago
Even if you are unaware of what the Scottish Standard Clauses are, the chances are you have been subject to them at some point in the past. If you have ever purchased or sold a property in Scotland, it is more than likely that they will have applied. The Scottish Standard Clauses are a set of conditions under which the vast majority of residential property transactions in Scotland are governed. Their purpose is to strike a fair balance between the legal position of the purchaser and the seller. There are 33 clauses in the most up to date edition, many containing various sub paragraphs and caveats. The clauses cover a range of issues from the position to be taken as regards warranties, insurance and faulty central heating to drainage, planning permission and factors.
The Standard Clauses are automatic in residential property transactions and will apply unless specifically removed by a Solicitor in the formal letters which make up the missives. Your Solicitor should furnish you with a breakdown of these clauses and depending on the information available about the property advise on which, if any, clauses should be removed.
A new edition of the Clauses (Edition 4) is set to come into force from 1 March 2021 with the most significant change being the introduction of a checklist for solicitors as well as the introduction of provisions relating to council tax. The language of the clauses has now also been made gender neutral as the Law Society of Scotland makes further strides towards gender equality.
With the property surge that has been experienced in light of the pandemic, it is more important than ever to instruct an experienced Solicitor who can protect your position whether you are selling or purchasing. Our knowledgeable property department are well versed in the application of the clauses and can provide comprehensive guidance on your rights and responsibilities.
Has lockdown got you yearning for new digs, with a bigger garden? Has home schooling the kids made you realise that you need more space? Rollos Estate Agents have a number of properties on the market and continue to offer virtual viewings during the pandemic. Our diligent solicitors can also help make the legal process as straightforward as possible during what can be a stressful period.
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