East Ayrshire Council has agreed to take legal steps in order to secure ownership of a defective building in Cumnock.
The local authority is weighing up the option of applying for a vesting order which would enable them to take control of the building at 18/18A Glaisnock Street, as part of a six-figure project.
There’s a complicated history attached to the building.
But it’s hoped the council can proceed with plans to develop the properties and sell them on the open market.
Council leader Douglas Reid said: “This has been a complicated process and it is credit to the council’s facilities and property management and governance services that we have reached this point and that we can move forward positively.”
Following fire damage to the properties on Glaisnock Street, the council’s cabinet agreed in June 2018 to acquire the buildings to allow for their demolition and the redevelopment of the site.
Then in March 2019, cabinet agreed to the site being redeveloped as a public car park – linked to the council-owned car park at Ayr Road.
Ayrshire Live understands the pandemic had a “significant impact” on the project, which included the demolition of 12–16 Glaisnock Street, the construction of a new gable wall to Number 18 and the construction of a car park.
Demolition took place in May 2021.
Then in October 2021, during the final phase of the demolition, a section of stonework next to 18/18A came loose and fell onto the pavement and road. This meant that a road closure had to be put in place.
A consultant structural engineer was appointed to carry out a report that led to temporary shoring of the front façade and a partial reopening of the road.
But the report showed that there had been an inherent defect in the original structure – and the problems with the façade weren’t due to the demolition.
A further detailed report indicated an estimate cost of £107,000 for the full remedial works required to return the building to a “safe and saleable condition” and allow the wider project to be completed and the road to be fully reopened.
The council’s legal services team established the legal ownership of the property and discovered that the last registered owner, Trustcare Properties Ltd, has been dissolved.
However, this left two other parties with heritable securities over the building – The Royal Bank of Scotland plc and Scottish and Newcastle Limited.
To date, neither has indicated that they will recall their security and take title.
Cabinet took the decision to fund the works and has instructed their solicitor to make an application to Kilmarnock Sheriff Court for a vesting order "if appropriate".
Councillor Reid added: “Bottom line, the works are going to be done. The road will be fully reopened by the end of the year and action will be taken to protect the public purse by ensuring robust measures are in place to recoup any investment expenditure.”
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