Factor in New Property Law

The Property Factors (Scotland) Act 2011 is due to come into force on 1st October 2012. This new legislation looks at providing ‘a greater level of protection for homeowners in Scotland who receive services from property factors.’

It will require the Scottish Government to maintain a register of property factors (people charged with maintaining common areas of properties and housing estates, where there are joint residential owners) in Scotland and to make it an offence to act as a property factor without being on the register. It also provides guidance on the resolution of disputes between homeowners and property factors.

Under the Act, the Scottish Government must also prepare a Code of Conduct, setting out the standards of practice for registered factors. This has been produced by the Scottish Ministers after a consultation period and it is expected that a final version will be available for the act coming into place. For further information about the Act, please visit http://home.scotland.gov.uk or contact our property team at property@chiene.co.uk.