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Free Guide to Hiring a Real Estate Lawyer
Aberdeen, United Kingdom Attorneys in related practice areas.
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Read full answerReal estate law in Aberdeen is governed by the law of Scotland, which differs in important ways from the systems used in England and Wales or Northern Ireland. Whether you are buying or selling a home, leasing a flat, investing in commercial premises, or resolving a property dispute, you will deal with Scottish rules on ownership, contracts, taxes, planning, and tenancies. Aberdeen has a dynamic market that includes traditional tenement flats, suburban homes, new developments, and a significant commercial sector linked to energy and technology. Transactions are carried out by Scottish solicitors who handle offers, contract formation known as the missives, settlement, and registration of title with Registers of Scotland.
Because the process and terminology are distinct in Scotland, early advice from a solicitor can help you understand key milestones such as concluding missives, paying Land and Buildings Transaction Tax, complying with planning and building rules, and navigating landlord and tenant rights. This guide gives an overview to help you get oriented before speaking with a professional.
People commonly seek a lawyer for residential purchases and sales. In Scotland, written offers go back and forth between solicitors and the exchange of qualified acceptances creates a binding contract known as the missives. Your solicitor will check title, order searches, manage funds, and register your ownership. If you are selling, your solicitor prepares the contract documentation, responds to legal queries, and delivers the signed disposition at settlement.
Landlords and tenants often need guidance. For residential lets, Scotland uses the Private Residential Tenancy. A lawyer can help with drafting agreements, serving notices, addressing rent increases, repairing standard issues, and representing you before the First-tier Tribunal Housing and Property Chamber. For commercial lettings, solicitors negotiate heads of terms, detailed lease clauses, licences to assign or sublet, rent review formulas, service charge provisions, and dilapidations.
Developers and owners may require advice on planning permission, building warrants, listed building consent, road adoption, Section 75 agreements, and compliance with environmental conditions. Property owners in tenements frequently need help with common repairs, title burdens, property factors, and the Tenements Management Scheme.
Disputes arise over boundaries, servitudes and access, title conditions, neighbor nuisance, and construction defects. A lawyer can advise on remedies, negotiation, mediation, or litigation in the Sheriff Court, the First-tier Tribunal, or the Lands Tribunal for Scotland.
Conveyancing and title. Property in Aberdeen is registered in the Land Register of Scotland. Your solicitor will check the title sheet, burdens, and servitudes, and will usually obtain an advance notice to protect settlement. The contract is formed by missives. On completion you receive a disposition, and your lender takes a standard security over the property. Long feudal tenure was abolished in Scotland and most owners hold outright heritable ownership.
Taxes and costs. Purchases are subject to Land and Buildings Transaction Tax collected by Revenue Scotland. First time buyer relief and the Additional Dwelling Supplement may apply depending on circumstances. Sellers provide a Home Report for most residential sales, containing a survey, energy report, and property questionnaire. Buyers also budget for legal fees, registration dues, and any lender fees.
Planning and building control. Aberdeen City Council is the local planning authority. Many works require planning permission or permitted development confirmation and separate building warrants under Scottish Building Standards. Listed building consent and conservation area consent may apply in designated areas. Breaches can lead to enforcement action, so early checks are important.
Residential tenancies. Most private lets use the Private Residential Tenancy under the Private Housing Tenancies Scotland Act 2016. There is no fixed term and eviction is only on specified grounds with proper notice. Landlords must register with the local authority, ensure properties meet the repairing standard, protect deposits in an approved scheme, and provide prescribed information. Letting agents must be registered and follow the Letting Agent Code of Practice. Houses in Multiple Occupation require an HMO licence.
Short term lets. Many local authorities in Scotland operate licensing for short term lets. Aberdeen City Council is the licensing authority for applications and compliance. Hosts should check current rules on licensing, planning status, and any control areas before marketing accommodation.
Common property and factors. Flats often involve shared parts such as roofs and stairwells. The Tenements Scotland Act 2004 and Title Conditions Scotland Act 2003 set out rules for decision making and maintenance. Property factors must be registered and follow a statutory code. Owners can apply to the First-tier Tribunal for factor disputes.
Commercial property. Scottish commercial leases are largely a matter of contract. They often include tacit relocation, which can continue a lease yearly if no notice is given. Key issues include rent reviews, service charges, user clauses, repairs, insurance, alienation, break options, and security of tenure is not automatic. Non domestic rates apply to most commercial properties.
Environmental and safety. Environmental assessments may be needed for developments. The local authority and the Scottish Environment Protection Agency oversee contaminated land regimes and flood risk information. Energy Performance Certificates are required on sale or letting of most buildings. Building safety and cladding issues may require specialist surveys and compliance plans.
Scottish conveyancing has different rules and documents. Offers and qualified acceptances between solicitors form a binding contract known as the missives. There is no separate exchange and completion day as in England and Wales. Once missives are concluded, withdrawal is difficult and usually costly. Title is registered in the Land Register of Scotland and mortgages are called standard securities.
Most residential properties marketed in Scotland require a Home Report prepared by a chartered surveyor engaged by the seller. It includes a single survey with condition ratings, an energy report, and a property questionnaire. Buyers can rely on the report and may request a refresh if it is out of date.
Simple transactions can complete in 6 to 10 weeks, but timing depends on funding, surveys, title issues, chains, and registration queues. New build purchases and sales with complex title or planning matters can take longer. Your solicitor will outline a realistic timeline at the outset.
Purchasers pay Land and Buildings Transaction Tax based on price bands. If you are buying an additional property, such as a buy to let or second home, the Additional Dwelling Supplement may apply. Reliefs, such as first time buyer relief, can reduce LBTT for eligible buyers. Your solicitor will calculate and file the return and arrange payment by the deadline.
Typical checks include title and plan review, burdens and servitudes, Land Register legal and property reports, advance notice, local authority planning and building warrant records, water and drainage information, roads adoption status, environmental or flood risk screening where relevant, and verification of occupancy and compliance with consents. Lender conditions may require additional reports or insurance.
Until missives are concluded, either party can change position, although solicitors must follow professional practice rules designed to discourage gazumping and gazundering. Once missives are concluded, the contract is binding and a seller who refuses to complete risks damages and other remedies.
Under the Private Residential Tenancy you have open ended security subject to statutory eviction grounds. Rent increases must follow notice rules and can be referred to a rent officer for review. Landlords must meet the repairing standard, register with the council, protect your deposit, provide safety certificates, and respect your privacy and right to quiet enjoyment.
Landlords must serve the correct notices and rely on one or more statutory grounds. Disputes and eviction applications are decided by the First-tier Tribunal Housing and Property Chamber. Unlawful eviction or harassment is a criminal matter. Time limited pandemic protections affected some cases, so you should check the current rules with a solicitor.
Properties occupied by three or more unrelated people forming more than one household may require an HMO licence from Aberdeen City Council. HMO licensing covers fire safety, space standards, and management arrangements. Separate short term let licensing may apply if the property is used for holiday or short stay accommodation.
Key items include length of term, break options and notice, rent review mechanics, service charge caps, full repairing and insuring obligations, alienation restrictions, user clause and planning fit, statutory compliance, works and reinstatement, dilapidations, rent deposit or guarantees, insurance cover, and tacit relocation. Legal advice at heads of terms stage helps avoid costly surprises.
Aberdeen City Council Planning Service and Building Standards
Aberdeen City Council Housing, Landlord Registration, and HMO Licensing
Registers of Scotland
Revenue Scotland for Land and Buildings Transaction Tax
First-tier Tribunal for Scotland Housing and Property Chamber
Lands Tribunal for Scotland
Law Society of Scotland find a solicitor service
Citizens Advice Scotland
Scottish Environment Protection Agency flood maps and guidance
Historic Environment Scotland for listed buildings and conservation
Scottish Letting Agent Register and Code of Practice
Scottish Property Factor Register
Scottish Water property services
Scottish Legal Aid Board for information on civil legal assistance
Clarify your goal and timescale. Whether you are buying, selling, leasing, or resolving a dispute, write down your objectives, budget, and your desired completion or resolution date. Gather key documents such as the Home Report, title deeds, lease drafts, planning papers, safety certificates, and any correspondence already exchanged.
Choose a Scottish solicitor with relevant local experience. Look for firms with strong conveyancing or property litigation teams in Aberdeen. Ask about capacity, indicative timelines, experience with similar properties, and communication style. Confirm they are regulated by the Law Society of Scotland and request a clear fee estimate with likely outlays such as registration dues and LBTT.
Arrange an initial consultation. Provide identification and proof of address for anti money laundering checks. Share all available documents and be candid about any issues such as alterations without consent, damp, cladding concerns, or neighbor disputes. Early disclosure helps your solicitor manage risk and plan solutions.
Agree scope and strategy in writing. Your letter of engagement should set out the work to be done, fee basis, and key milestones. For purchases, agree survey and reporting scope, title risk appetite, and any special conditions to include in the offer. For leases, lock down heads of terms before drafting. For disputes, discuss evidence, negotiation options, and prospects.
Stay proactive on compliance. If you are a landlord, confirm landlord registration, deposit protection, safety checks, and any required licences are in place. If you plan building works, check planning permission, building warrants, and listed building consent requirements early to avoid enforcement action.
Review reports and sign documents promptly. Ask questions until you are comfortable. Understand the consequences of concluding missives or exercising break rights. For purchases, plan funds for settlement and LBTT payment deadlines. After completion, confirm registration and store your title documents securely.
If matters escalate, consider alternative dispute resolution. Many property disagreements can be resolved through negotiation or mediation. Where necessary, your solicitor can represent you at the First-tier Tribunal, the Sheriff Court, or the Lands Tribunal for Scotland.
This guide is general information. For advice tailored to your situation in Aberdeen, contact a qualified Scottish property solicitor as early as possible in your transaction or dispute.
