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Parliamentary debates and questions

S5W-12828: Jackson Carlaw (Eastwood)

Scottish Conservative and Unionist Party

Date lodged: 17 November 2017

To ask the Scottish Government what safeguards there are to ensure that all of the information provided by the homeowner and applicant is (a) relevant to the registration of a Notice of Potential Liability for Costs (NPLC) on a property’s title deeds (b) made available to both parties prior to the registration of the notice.

Answered by: Annabelle Ewing 29 November 2017

When registering a Notice of Potential Liability for Costs (NPLC) the applicant has to provide a range of information.

The property must be described in a way that is sufficient to identify it. Where the property has a postal address, the description must include that address. Where title to the property has been registered in the Land Register of Scotland, the description must refer to the title number of the property or of the larger subjects of which it forms part. Otherwise, the description should normally refer to and identify a deed recorded in a specified division of the Register of Sasines.

The maintenance or work must be described.

The name and address of the person applying for registration of the notice must be provided or the applicant’s name and the name and address of the applicant’s agent must be provided.

The notice must be signed by or on behalf of the applicant.

Under section 112 of the Land Registration etc. (Scotland) Act 2012, it is a criminal offence for any party submitting an application to the Keeper for registration in the Land Register knowingly or recklessly to include materially false or misleading statements or to fail to disclose material information in such an application.

The NPLC has to be registered at least 14 days before the incoming owner becomes the new owner in order to allow time for the property registers to be searched by solicitors for purchasers.