2A

A new owner shall be liable as mentioned in subsection (2) above for any relevant obligation consisting of an obligation to pay a share of costs relating to maintenance or work (other than local authority work) carried out before the acquisition date only if—

a

notice of the maintenance or work—

i

in, or as near as may be in, the form set out in schedule 1A to this Act; and

ii

containing the information required by the notes for completion set out in that schedule,

(such a notice being referred to in this section and section 10A of this Act as a “notice of potential liability for costs”) was registered in relation to the burdened property at least 14 days before the acquisition date; and

b

the notice had not expired before the acquisition date.

2B

In subsection (2A) above—

“acquisition date” means the date on which the new owner acquired right to the burdened property; and

“local authority work” means work carried out by a local authority by virtue of any enactment.

5

This section does not apply in any case where section 12 of the Tenements (Scotland) Act 2004 (asp 11) applies.