Section 37 — Equality Act 2010: Adjustments to common parts in Scotland

Adjustments to common parts in Scotland 37 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.