New edition of Scottish Standard Clauses
The 6th edition of the Scottish Standard Clauses has been released by the Scottish Conveyancers Forum.
The Scottish Standard Clauses are a set of standard missive conditions which are used in the vast majority of residential sales and purchases in Scotland.
Some of the key changes made by the 6th edition include:
- Sellers will no longer be asked to warrant that appliances included in a property sale are working. Historically, this warranty formed part of a wider warranty for central heating and systems but recent practice has been for this warranty to be amended so as to exclude appliances. The Scottish Standard Clauses have therefore been updated to reflect current practice.
- The reference to “infestation” within the seller’s warranties has been amended to make clear that this only refers to infestation by insect or animal.
- Professional Consultants Certificates or Architects Supervision Certificates are no longer referred to in the New Home Warranty Schemes clause. In light of recent case law, it was felt that these should be dealt with on a case-by-case basis.
- The limitation of claims amount has been increased to £500, the first increase since 2018.
- A clause dealing with the Register of Overseas Entities has been added.
The 6th edition of the Scottish Standard Clauses can be downloaded from the Scottish Conveyancers Forum website alongside supporting documentation. It is recommended that the new edition be used from the new year.