Terms & Conditions
1. 1 These terms and conditions (“terms and conditions”)
1.1 What these terms and conditions cover. These are the terms and conditions under which we provide the Buildings at Risk Register (the “Register”) on the Website buildingsatrisk.org.uk (the “Website”). Please read these terms and conditions carefully before using the Buildings at Risk Register.
1.2 Acceptance of our terms and conditions. By using the Website to search the Register or to access information provided in the Register, you confirm that you accept these terms and conditions and that you agree to comply with them. If you do not agree to these terms and conditions, you must not use the Website to search the Register or access information provided in the Register.
1.3 Amendments to our terms and conditions. We amend these terms and conditions from time to time. Every time you wish to use the Register, please check these terms of use to ensure you understand the terms that apply at that time.
These terms and conditions were last updated on 1st September 2024.
2 Who we are and how to contact us
2.1 Who we are. We are Historic Environment Scotland, an executive non-departmental public body, incorporated and established under the Historic Environment Scotland Act 2014, being a registered charity (Scottish Charity number SC045925) and having our principal office at Longmore House, Salisbury Place, Edinburgh, EH9 1SH. Our registered VAT number is GB221868015. In these terms and conditions, “HES”, “we” and “us” and “our” means Historic Environment Scotland.
3 The Buildings at Risk Register
3.1 The Register lists properties of architectural or historical merit throughout the country that are considered to be at risk or under threat. HES established and maintain the Register on a voluntary basis; there is no statutory or other legal obligation for HES to set up or maintain a register.
3.2 We collects information solely for the purpose of documenting and publicising properties at risk. The use of this information is strictly determined by this purpose.
3.3 inclusion on the Register does not imply that a property will automatically be eligible for grant aid.
3.4 HES do not act as agent for any particular property. We cannot become involved in any negotiations regarding the sale or lease of any property.
4 Information on the Register
4.1 The Register is the copyright of Historic Environment Scotland. All rights are reserved. Other than for reasons of private research in accordance with the Copyright, Designs and Patents Act 1988, no part of the Register may be reproduced, stored, sold, hired out or transmitted, in any form or by any means, without the prior written permission of HES (see below for further information on use of images).
4.2 The information held on the Register is the opinion of HES. It does not necessarily reflect that of Local Planning Authorities (although it has been generally ratified by them) or any other persons or organisations.
5 Use of the information on the Register
5.1 The condition of the property is HES' opinion based on a visual external inspection of the building. It is not a technical, structural or financial appraisal.
5.2 The description and other information provided about each property is only ever intended to be general. Users should carry out appropriate research and diligence and engage suitably qualified professionals to advise on the correct condition, value and legal position.
5.3 Although a property may appear to be at risk from its external appearance, it should not be assumed that this is mirrored internally, particularly in cases where a building is secure and internal access has not been possible.
5.4 Inclusion on the Register does not give any automatic right of access whatsoever to properties or their surrounding land.
5.5 Inclusion on the Register does not imply availability. Users should never assume that a particular building is for sale. Where it is stated that a property is ‘not available’ or the owner is ‘anti-selling,’ HES has been made aware that it is explicitly not for sale. Whatever the circumstances potential purchasers should always approach owners with tact and sensitivity.
5.6 Inclusion on the Register does not imply an automatic opportunity for development; in some cases consolidation as a ruin may be more appropriate. Anyone who is interested in acquiring a property is strongly advised to seek advice from the Local Planning Authority and HES before purchase.
5.7 All property details are provided by external individuals or agencies, or else are abstracted from other published sources. Under the terms of the Property Misrepresentation Act 1991, all descriptions, dimensions, references to condition, statements of necessary permissions for use and occupation, and all other details are given in good faith and are believed to be correct. However, any potential purchasers should not rely upon them as a statement of fact, but should satisfy themselves of their correctness by inspection or other means.
5.8 Given the parameters within which HES operates, the task of ensuring that all information on the Register is accurate and up to date is immense. Whilst every effort is made to ensure that information is correct, inevitably some erroneous information may appear. It is for this reason that we would respectfully ask all persons using the service to proceed with caution, tact and diplomacy.
6 Owners of property on the Register
6.1 Inclusion on the Register does not imply criticism of the property owner, some of whom may be actively seeking to restore the property.
6.2 Property information, including information on ownership, is publicly held in Scotland by the Registers of Scotland. Under the terms of the Data Protection Act 2018 HES does not, therefore, require consent from the owner to hold this information.
6.3 HES does exercise an ethical responsibility to ensure that to the best of its ability, building owners are made aware that their details are held on the Register. However, the owner may prove difficult to contact, particularly in cases where there have been a number of changes in ownership. In such cases the Service cannot accept responsibility for ownership details appearing without the owner’s knowledge.
6.4 Property owners have the right to enquire what information is held about their property on the Register. HES will satisfy these requests in a timely manner and in an easily intelligible form.
7 Accuracy and removal of records
7.1 If information is found to be inaccurate the relevant property owner has the right to request that HES amends it in a timely manner.
7.2 HES maintains two secondary Registers: one for demolished buildings and one for properties that have been saved. A property will remain on the main Buildings at Risk Register until it is brought back into active use or has been demolished. If restoration works have commenced, this will be noted on the record for the property.
7.3 Property owners do not have the right to request HES remove information entirely while the property is considered to still be at risk.
8 Use of images and data from the Website
8.1 The Register is copyright of Historic Environment Scotland. Re-use our photographs or data is managed through licensing. You may not reproduce, store, sell, hire out or transmit, in any form or by any means, images or data from the Website without first obtaining an appropriate licence from HES. If you want to use our photographs you can find out more about the licensing process here https://canmore.org.uk/content/buying-images.
8.2 The use of materials downloaded from the Website is subject to the licence applying to the particular materials.
8.3 If you print off, copy, download, share or repost any part of the Website in breach of the terms of your licence, your right to use the materials will end immediately and you must, at our option, return or destroy any copies of the materials you have made.
8.4 A small number of photographs on the Register are the copyright of other organisations or persons. Where this is the case, full credit is given. In a very small number of cases it has not proved possible to trace the copyright holders.
8.5 Where HES is made aware that a photograph infringes the copyright of another organisation, company or person, the image will be removed.
9 Liability
9.1 HES cannot be held responsible for the accuracy of information provided in the Register.
9.2 HES exercises a right to provide the general public with any information available on the Register. It cannot accept responsibility for the subsequent use of this information by members of the public, which may include commercial research.
9.3 Similarly, HES cannot accept responsibility for the results of any actions undertaken on the basis of the information it provides in the Register.
