Scottish Planning Series: Planning Circular 1/2010: Annex to Circular 1/2010: Planning Agreements. Planning Obligations And Good Neighbour Agreements

REGISTRATION REQUIREMENTS FOR REGISTERING MODIFICATION OR DISCHARGE OF PLANNING OBLIGATIONS OR GOOD NEIGHBOUR AGREEMENTS.

39. Basic registration criteria for the General Register of Sasine and the Land Register of Scotland apply to planning obligations (including unilateral obligations), GNAs and determinations as follows:

• Reference to the appropriate section of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006 should be narrated in the body of the deed. Determinations should also include a reference to the date of registration of the planning obligation or GNA to be discharged or modified.
• Deeds should be of self proving status as provided for in s. 3 and schedule 1, read in conjunction with schedule 2, paragraphs 1 and 4 of the Requirements of Writing (Scotland) Act 1995 ¹ and accompanied by a Sasine Application Form or Form 2 and appropriate fee. Further details are available from www.ros.gov.uk.
• Subjects in the General Register of Sasine should be described sufficiently to identify them and include a statutory reference to the prior titles ² . Deeds to be registered in the Land Register should narrate the title number(s) of the land affected and the subjects must be identifiable on the Ordnance survey map ³ .