MOVING HOME Your new Property Supplement Friday 15 September 2017 1 admin@whfp.com property valuation residential & commercial home reports Energy Performance Certificates quantity surveying building surveying Somerled Square, Portree, Isle of Skye IV519EH Tel 01478 612659 Email: torrance.valuation@cali.co.uk Also offices also at: Invergordon, Inverness & Stornoway surveying the Highlands & Islands Household ISH R OTT R SCO C M ntainer Co n or Par ll u P i Nat, F cal oc L ousehold H s oval ce Rem s d & Offi R AL SERVIC MO V E V E ll d M li M d Storage ise g loads i na t ernatio & Int i nal io & movals ce Re s & Offi e d O CES l.uk o 7 71 82277 0147 on gall Melissa Macdou n act Cont a 49 9AB IV4 Broad ord, orrin Road, o To w.scottish-removals.c ww. w T f V w co u U YO R U OUR USI B R SAFE ESS IN HAN NDS services for your At NFU Mutual o efficiently with m We know how im Our team of insu business, from health and s our service is not just limite minimum hassle. mportant your business is to rance specialists understan safety management to key e can offe We ed to insurance o you so pride ourselves on nd the unique challenges th. W employee assurance. er a range of quality handling claims fairly and he hospitality industry face.. Through the local agency of J J Sayles & D S Macintyre, we can help clients with products and services provided through NFU Mutual ranging from insurance for private homes, self-catering lets and Bed & Breakfasts to property owners insurance, hotels, guest houses & commercial lets. Call or pop in to our offices in Portree 01478 611936 or Stornoway 01851 703935 to speak to us about your requirements. We ll be pleased to chat to you. Latest UK House Price Index shows average value on the rise The latest publication of the monthly UK House Price Index shows that the average price of a property in Scotland in June 2017 was 144, 253, up 2.9 per cent on June 2016 and an increase of 0.1 per cent when compared to the previous month. The volume of residential sales in Scotland in April 2017 was 7, 908, an increase of 16 per cent on April last year, this compares with annual increases in sales volumes of 1.6 per cent in England, 9.9 per cent in Wales and 5 per cent in Northern Ireland. Registers of Scotland business development and information director Kenny Crawford said: Average prices in June continued their upward trend when compared with June 2016. There have been increases in every month since March 2016 when compared with the same month of the previous year. Sales volumes figures for April 2017 showed an increase in Scotland of 16 per cent when compared with April 2016. However, volumes in April 2016 were lower than usual, a possible effect of the introduction of changes to the Land and Buildings Transaction Tax that came into effect on 1st April 2016. UK HPI data published by HM Land Registry Crown copyright 2016 JJ Sayles & DS Macintyre here to help Between April 2007 and March 2017, the average house price in Scotland went up by +7.7 % +42.2 % Increase in volume of residential sales over five years since 2011-12 The total residential market value in Scotland for 2016-17, an increase of 1.0 % on the previous year 16.7 billion services for your At NFU Mutual o efficiently with m We know how im Our team of insu business, from health and s our service is not just limite minimum hassle. mportant your business is to rance specialists understan safety management to key e can offe We ed to insurance o you so pride ourselves on nd the unique challenges th. W employee assurance. er a range of quality handling claims fairly and he hospitality industry face..
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admin@whfp.com Friday 15 September 2017 3 Inksters highlight crofting issues to consider when buying a house plot If you are buying a plot to build a new house on and if that plot forms part of a croft there will be an extra layer of paperwork to be dealt with as part of the conveyancing process involved. Decrofting If you are purchasing the plot from the crofter then the crofter will need to apply to the Crofting Commission for a Decrofting Direction to remove the land from crofting tenure. They will need to include a copy of the grant of planning permission for your proposed new house (either full planning permission or planning permission in principle). In cases where the planning has not yet been approved, your planning reference number can be supplied. The grant of planning permission in itself does not guarantee decrofting as the Crofting Commission must have regard to whether it will be for the good of the croft, estate or the crofting community in the locality of the croft or the public interest. The Commission may also take account of the effect of the new house on the sustainability of crofting or the crofting community in that locality or the communities in that area, and the environment and landscape of that locality or area. The Commission may also consider the impact of the new house on the social and cultural benefits associated with crofting. Access In determining a decrofting application the Crofting Commission will give priority to the provision of appropriate access to all remaining parts of the croft and, where appropriate, the common grazing. The provision should allow unrestricted access at all times including access for agricultural machinery. Your location and/or site map submitted with your decrofting application must show all existing access routes to the croft as well as any proposed access provision. Clawback There may be an existing standard security granted by the crofter over the croft when they purchased it from their Landlord restricting their ability to sell without first paying compensation to the Landlord. In such circumstances you would need to ensure that the payment is made and security lifted on any sale to you. Null and void purchases You must obtain a Decrofting Direction before you purchase a plot from an owner-occupier crofter otherwise any sale to you would be null and void. This is because a transfer of ownership of an owneroccupied croft can only relate to a whole croft. Resumption If your purchase of the house plot is from the Landlord of a croft with a crofting tenant then the Landlord will need to apply to the Scottish Land Court for a Resumption Order to remove the land from crofting tenure. Usually this will be done with the consent of the crofting tenant to avoid a disputed land court hearing. Normally the crofting tenant would receive, following resumption, from the Landlord one-half of the purchase price that you, as purchaser, have paid to the Landlord for the plot. The Land Court will also require to see the grant of planning permission and in determining the application they will take into consideration similar issues as the Crofting Commission would in a decrofting application. Croft Registration If the croft has not already been registered in the Crofting Register held by Registers of Scotland then the decrofting or resumption application, as the case may be, will trigger first registration. Thus in such circumstances an application to register the croft will require to be submitted to the Crofting Commission. If the croft is already registered in the Crofting Register then an application for Registration of a Subsequent Event will be required should the decrofting or resumption application be approved. Note: This is a brief guide to the issues involved and you should of course seek detailed legal advice on your own particular circumstances when buying or selling a house plot from croft land. Inksters specialise in crofting law and their crofting law team of Brian Inkster, Derek Flyn, Martin Minton, Alistair Sloan and Vicki Macleod Folan can guide you through the legal maze involved. If you want to put croft land or a decrofted/resumed house plot on the market for sale then Brian Johnston, Estate Agent at Inksters Portree office, can assist. Contact Inksters on 01478 620 555 or email portree@inksters.com.
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admin@whfp.com Friday 15 September 2017 5 F S SOLICITORS & NOTARIES - - Murdo MacSween, LL.B. Sarah Farr, LL.B.(Hons), Dip. L.P., N.P. Katharine MacDonald, B.A.(Hons), LL.B., Dip.L.P., N.P. Portree Office: Tel: Fax: Email: Bridge Road Portree Isle of Skye IV51 9ER 01478 612 991 01478 612 709 admin@fmslaw.co.uk F S SOLICITORS & NOTARIES Kyle of Lochalsh Office: Tel: Fax: Email: Main Street Kyle of Lochalsh Ross-Shire IV40 8AB 01599 534 500 01599 534 480 admin@fmslaw.co.uk
Friday 15 September 2017 6 www.whfp.com MOVING HOME : your new property supplement UNDER OFFER NEW PRICE Allt Mòr, Carbostbeg, Carbost, Isle of Skye, IV47 8SH A unique modern home with mountain and sea views Architect designed EPC Rating E Triple glazed and heat recovery system Three public rooms 4/5 double bedrooms Offers over 310,000 Building Plot A, 20/21 Colbost, Dunvegan, Isle of Skye, IV55 8ZT Building plot with stunning views Building plot extending to 0.22 hectares Planning consent in principle for single house Stunning sea views Easy to develop site Offers over 66,000 Croft 316, Culkein, Drumbeg Assynt, Sutherland, IV27 4NL Owner Occupied Croft with planning consent in principle for 2 sites 2.4 acres Stunning sea views Planning consent for 2 house sites Services adjacent Sea access Offers over 130,000 Rehoboth, Main Street, Lochcarron, IV54 8YB A unique 5 bedroomed home on the coast EPC rating E 2 public rooms 5 bedrooms Terraced rear garden Spectacular coastal setting Exclusive on street parking space Dining kitchen Wood burning stove Ideal letting property or second home Offers over 195,000 Grianan, 1 Balmeanach, Struan, Isle of Skye, IV56 8FH 3 bedroomed family home with expansion potential Large sitting room Dining Room Breakfast kitchen Sea views EPC Rating D Offers over 205,000 COMING SOON Large building plot for sale near Portree. Original stone croft house walls remain and the site has Planning Consent in Principle for a single house. Set in an attractive rural location, facing west and with views across the surrounding countryside. Site enjoys easy access and services are close by. COMING SOON Mixed use property and business portfolio in south Skye with commercial, industrial and tourism development opportunities Plots 1, 2, 4 and 5 Geata Geal Drumchork, IV22 2HU Four individual house plots of varying sizes are offered for sale as a whole or as individual plots The largest site measures 0.17ha and the smallest 0.08ha. Each plot is offered for sale individually, although the sellers (Highland Small Communities Housing Trust, Scottish Registered Charity No 027544) would be willing to sell two or more of the plots as a package. Offers over 40,000/plot COMING SOON Building plot for sale in the attractive village of Lochcarron, with Planning Consent in Principle. Site enjoys stunning views across Loch Carron to the Wester Ross mountains beyond. Level site with services available nearby. Murchison Law are a firm of Solicitors and Estate Agents servicing the whole of the Highlands, including Skye, Raasay, Lochalsh and Wester Ross. We are currently experiencing strong demand, so please contact Stephen Varwell, our resident Estate Agent on Skye if you are considering selling any property or land. Even if it is not yet ready for sale, we specialise in helping clients explore the options available to them to maximise its potential. We attract purchasers from all over the UK as well as further afield. Contact Stephen on 07787 410959 or stephen@murchisonlaw.co.uk MURCHISON LAW 5 Ardross Terrace, Inverness IV3 5NQ Tel: 01463 709992 property@murchisonlaw.co.uk www.murchisonlaw.co.uk
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Friday 15 September 2017 8 www.whfp.com Congratulations to Islands & Highlands Lettings! Islands & Highlands Lettings are pleased to announce that four members of staff, Fiona Oussaiden, Jaine Mahon, Katherine Smith and Murdo MacSween, have completed the LetWELL course through Landlord Accreditation Scotland and Chartered Institute of Housing. With the Letting Agent Code of Practice (Scotland) Regulations 2016 coming into force in January 2018, all letting agencies must be compliant to be listed upon the Register which will be maintained and enforced by the Scottish Government. As part of Islands & Highlands Lettings preparation for applying to be on the Register, they have partaken in the six months long LetWELL course which ended on the 18th August 2017. Next year will see big changes in the long-let industry as the Scottish Government are also changing the legislation surrounding tenancy agreements in Scotland and in turn, the style of tenancy agreement will change. It is expected that from the 1st January 2018 all new tenancies will be set up on a Scottish Private Residential Tenancy contract. Whilst existing Short Assured Tenancies will continue to operate until they naturally end, no new Short Assured Tenancies can be issued. The new Scottish Private Residential Tenancies will impact all landlords, especially in the way they can end with only prescribed reasons being acceptable in law. With the onset of new legislation and the Register, the Scottish Government are tightening the loopholes in long term letting with emphasis on health and safety issues as well as fair and complete tenancy agreements. The First Tier Tribunal in Edinburgh will also be starting to take a more active role in not only maintenance issues between tenants and landlords, but in all aspects of long term letting. It may be that the new type of tenancy agreement will suit your requirements and needs. However, if you prefer the terms of a Short Assured Tenancy then now is the time to ensure you have all the correct legal documents in place. As the legislation will come into effect at the end of 2017, if you do need to issue a new Short Assured Tenancy because you are missing documents or you wish to change some of the terms, you have until the end of the year to do so. To discover how the new legislation may impact you and any tenancy agreements you have in place, you are welcome to contact Islands & Highlands Lettings for an informal discussion.