benefits, it is
suggested that builders and developers
should consider applying for voluntaryregistration where their
titles are still in the Sasine Register,
either under section 2(1)(b),
if thesubjects
lie within an operational area, or under section 11(1),
if the subjects lie within an area whichis
soon due to become operational.In
those cases where the builder proposes to develop the estate in phases, approval
may be soughtfor
separate layout plans for each phase. Where a layout plan is approved for part
only of a registeredinterest,
the Keeper may exercise his right in terms of rule
8 to split the title sheet of that interest.Approval
may be sought whether it is intended to dispose of the individual units by sale,
feu or longlease.The scheme is not limited in any way
to new residential development but applies equally to othertypes of development, e.g. industrial,
commercial, mixed, flatted properties. It is also appropriate todevelopments which relate to existing
property which is being refurbished and then split into separateunits. The scheme applies to any development
consisting of 10 or more units.Application
for approval4.40
Application for approval should be made at the earliest possible time, by letter
to the Keeper. Thetitle
number of the builders interest should
be quoted and two copies of the estate
layout plansubmitted.
The builders land certificate must accompany the application if the interest
has alreadybeen
registered.The
plan must:show sufficient detail
to enable the position of the intended
development to be related to theboundaries of the land in the registered
title or to other detail shown on the title plan.be drawn to a stated scale. The scale
normally used is 1:500 but, if the development is regular inpattern, a scale of
1:1250 may prove satisfactory. Plans marked
demonstrative only are notacceptable.clearly define the extent
of each plot or property and show the
number or other referenceidentifying
it. Where the individual property comprises two or more parcels (e.g. a
house plot witha
separate garden, garage, parking area, refuse-bin
space or storage site) each parcel must
bedistinguished
on the estate layout plan by means of a different number.After approval, one copy of the plan
marked as officially approved will be returned to the applicant.The other copy will be retained by
the Keeper.Departure
from approved plan4.41 If
a builder intends to depart from an approved plan, the Keeper should be notified
immediately,the
approved plan should be returned to the Keeper and two copies of the amended plan
submittedfor
approval. The substitution of an amended approved plan cannot affect purchasers
interests whichhave
already been registered in the Land Register but may mean that Form
12 reports already issuedbut
not yet followed by registration will be inaccurate. Similarly, deed plans prepared
on the basis of