The Scottish Standard Clauses are a set of agreed contract terms that solicitors build into the missives for most residential sales and purchases in Scotland. The current version is Edition 6, published by the Scottish Conveyancers Forum in January 2025. The clauses cover practical points such as what is included in the price, who pays for repairs, what happens if either side breaches the contract and how long the buyer has to make a claim.
This guide explains what the Standard Clauses are, how they become part of your contract, what the main clauses say, what changed in Edition 6 compared with Edition 5, and what buyers and sellers should check before missives are concluded.
What are the Scottish Standard Clauses?
In Scotland, a house sale is a contract made up of letters between the solicitors, known as missives. Before the Standard Clauses existed, each firm used its own long offer, and solicitors spent days adjusting wording that differed from firm to firm.
The Standard Clauses replace that with one agreed set of terms. Because both solicitors already know the wording, negotiation can focus on the points that are specific to your property.
They are prepared by a working party of the Scottish Conveyancers Forum, and the Law Society of Scotland publishes a client guide to Edition 6 alongside the clauses themselves.
Who uses the Standard Clauses?
The clauses are designed for residential property and are widely used by solicitors across Scotland. They apply equally to both sides: the same terms protect the buyer and set limits on what the seller has promised.
They are not used for every transaction. New-build homes bought from a developer are usually sold on the developer's own missives, and commercial property is dealt with on different terms.
How are the Standard Clauses incorporated into missives?
The full text is not copied into every offer. Instead, the buyer's solicitor sends a short standard offer that names the buyer, the property, the price and the date of entry, then states that the offer is made on the Standard Clauses (Edition 6).
The offer refers to a Deed of Declaration by the Scottish Conveyancers Forum dated 8 November 2024, which is registered in the Books of Council and Session for preservation. That registered deed holds the official wording, so everyone can check exactly what was agreed.
The seller's solicitor then replies with a qualified acceptance, which can change or delete particular clauses. Once every point is agreed in writing, missives are concluded and the contract is binding. Our guide on concluding missives explains that stage in more detail.
What do the main clauses cover?
Edition 6 has 36 clauses. These are the main ones.
Fixtures, fittings and contents (Clause 1)
The price includes items such as fitted kitchen units, carpets (not loose rugs), blinds and curtain rails, light fittings, garden sheds, smoke and carbon monoxide alarms and electric car charging points. Cookers, fridges, washing machines and similar appliances are included only if they are integrated or encased in matching units. Any appliances included are sold as seen, with no warranty that they work.
Central heating and systems (Clause 4)
The seller warrants that the central heating, water, drainage, electric and gas systems will be in working order, commensurate with their age, at settlement. The buyer must tell the seller in writing about any defect within 5 working days of settlement, or is treated as satisfied.
Alterations and consents (Clause 8)
If the property has been altered within the last 20 years, the seller must produce the building warrant and completion certificate (or an acceptable alternative, such as an unqualified property inspection report or letter of comfort). Planning permission is needed for works carried out within the last 10 years.
Statutory notices and repairs (Clause 6)
The seller pays for repairs required by council notices dated on or before conclusion of missives. If the work is not done before settlement, the buyer's solicitor can retain the estimated cost plus 25%. This clause has no time limit and lasts until it is fulfilled.
Factors and common charges (Clause 7)
Factoring and common charges are split between buyer and seller at the date of entry. The seller remains liable for common repairs carried out, instructed or authorised on or before that date, and must give full details of any factor and block insurance.
Home Report points (Clauses 2 and 31)
Under Clause 2, the seller confirms they are not aware of structural defects, rot, damp, woodworm or Japanese knotweed, unless disclosed in the Home Report. Clause 31 confirms that the Property Questionnaire is true to the best of the seller's knowledge and has not changed.
The non-supersession clause (Clause 24)
Normally the missives would be superseded by the disposition. Clause 24 keeps them enforceable for 2 years from settlement, unless court proceedings have started in that time. Clauses 6 and 18 remain in force until they are implemented.
The claims limit (Clause 26)
The buyer cannot claim for matters disclosed and accepted before the date of entry, or for claims that add up to less than £500 in total.
The Register of Overseas Entities clause (Clause 36)
If the buyer or seller is an overseas entity, it must be registered (or exempt) on the Register of Overseas Entities, with a search at conclusion of missives and an updated search close to settlement.
What changed in Edition 6 compared with Edition 5?
Edition 6 replaced Edition 5, which dated from 2022. The practitioner guide to Edition 6 sets out each change. These are the ones that matter most to clients.
| Clause | Edition 5 | Edition 6 |
|---|---|---|
| 1 and 4: Appliances | Seller warranted that included appliances would be in working order at settlement | No warranty on appliances, which are sold as seen. Clause 4 covers central heating and systems only |
| 2: Infestation | Referred to "other infestation" | Limited to infestation by insect or other animal, following recent case law |
| 2: Invasive plants | Japanese knotweed and other invasive plant species | Japanese knotweed only |
| 14: New home warranty | Allowed a Professional Consultant's Certificate as an alternative to a warranty | Refers only to new home warranty cover. PCCs and architect certificates are dealt with case by case |
| 26: Claims limit | £400 | £500, the first increase since 2018 |
| 30: Crofting | Decrofting directions and resumption orders to be exhibited | Evidence that they are registered in the Crofting Register is also needed, where applicable |
| 36: Overseas entities | No equivalent clause | New clause on the Register of Overseas Entities |
There were also smaller updates, including deletions of outdated wording on advance notices and title, and tidying of definitions and formatting.
What should buyers check?
- Appliances: if a freestanding fridge or washing machine is staying, make sure it is listed in the offer, and remember it comes with no warranty.
- Heating: test the heating, boiler and hot water as soon as you get the keys, because the 5 working day window is short.
- Alterations: tell your solicitor about any extensions or removed walls you notice, so the right consents are requested.
- Common repairs: for flats, ask about any repairs already agreed with the factor or neighbours.
- Conditions: be clear from the start whether your offer depends on a survey, a mortgage or selling your own home.
What should sellers check?
- Paperwork for alterations: gather building warrants, completion certificates and planning permissions early, as missing consents are a common cause of delay.
- Notices and repairs: tell your solicitor about any council notices or common repairs, even if you think they are minor.
- Your Property Questionnaire: check it is accurate, because Clause 31 makes it part of the contract.
- What is staying: agree with your buyer which items are included.
Because the missives stay enforceable for 2 years, it is worth reading our guide on how long you are liable after selling a house.
Getting advice on the Standard Clauses
The Standard Clauses are a starting point, not a final contract. Your solicitor will explain how they apply to your property and negotiate any changes that are needed. If you are buying, our fixed-fee purchase conveyancing service covers everything from the offer to registering your title, and you can get an instant price from our conveyancing quote calculator.
Kirsty Docherty, Head of Residential Conveyancing
Kirsty leads our residential conveyancing team and has over a decade of experience in residential property law in Scotland. Last updated 2 November 2026. This guide is general information about Scots law, not legal advice for your situation.
