When you buy a flat in a tenement or other shared building in Scotland, you own your flat and share responsibility for the common parts such as the roof, external walls and stairs. Your title deeds set out who pays for what. Where they are silent or unclear, the statutory Tenement Management Scheme fills the gap. Check shared repair obligations before you conclude missives, because a large bill can follow the purchase.
Start with the title deeds
Your solicitor reviews the deeds and reports on title burdens, such as restrictions on alterations or parking and obligations to share repair costs. The Tenement Management Scheme only applies if your deeds are silent, unclear or contradict a neighbour's deeds. If the deeds are clear, you must follow them. Ask your solicitor to summarise in plain terms:
- which parts you own and which are common
- how repair costs are shared between the flats
- whether a factor is named in the deeds
- any restrictions on use, such as short-term lets, or on alterations
- who must give consent for changes
The Tenement Management Scheme
mygov.scot describes the Tenement Management Scheme as a set of statutory rules in Schedule 1 of the Tenements (Scotland) Act 2004 for making maintenance decisions with your neighbours. Decisions are made by voting, one vote per property, and cover carrying out maintenance, arranging inspections and hiring or dismissing a factor.
| Part of the building | Who maintains it under the scheme |
|---|---|
| Roof and its supports, external walls, foundations, load-bearing walls, ground | Shared by the owners (scheme property) |
| Your own door, windows, skylights, vents and openings that serve only your flat | You |
| Chimney stacks or flues and extensions serving only your flat | You |
| Parts used only by some flats, such as a drainpipe serving one side | The owners who use them |
If the deeds do not say how costs are shared, all owners pay an equal share. If work involves a part used only by some owners, only those owners pay. And if the largest flat's floor area is more than 1.5 times the smallest flat's, the larger flat's owner pays a bigger share.
Factors and shared repairs
A property factor manages shared maintenance, arranges insurance and bills owners. Registered factors must follow a statutory Code of Conduct, and unresolved complaints can go to the First-tier Tribunal for Scotland (Housing and Property Chamber). Ask the seller's solicitor for the factor's written statement of services, the fee, the latest bill and any planned works. The Home Report's property questionnaire covers factoring and notices affecting the home; see the Home Report explained.
Has the common roof, stair or render been repaired recently? Are major works planned or approved? Are there outstanding bills or a shared repair fund? Is there a statutory notice from the council? Are owners up to date with their share?
Insurance and your budget
Every owner must have insurance covering their share of the common areas, and mygov.scot says you can ask other owners in writing for evidence, which they must provide within 14 days. See home insurance when buying in Scotland. Because shared repairs can be expensive and irregular, hold back a repairs fund on top of the budget in the costs of buying a home in Scotland. The property questionnaire helps identify costs already charged, but only your solicitor's enquiries can confirm costs owed by the seller that could become yours.
What to look at when viewing
- The roof, gutters, chimney heads and rainwater pipes, which are shared.
- The stair and entrance: condition, lighting, entry system and cleaning arrangements.
- Signs of damp on top-floor ceilings and external walls, and any staining or patching.
- Whether a factor's name appears on notices, bins or the stair.
- Evidence of recent shared work, such as scaffolding marks, new render or a repaired roof.
- Your own flat's windows and doors, which are yours to maintain.
Top-floor and ground-floor flats can carry different risks: roofs and rainwater for the former, damp, drains and noise from the common area for the latter. In every case, a lender's valuation can flag defects or shared-repair issues, so discuss problems with your solicitor and lender before you conclude missives.
Ask for the minutes of any recent owners' meetings, and for the details of any money held for future repairs. Finally, look at who lives in the building. A stair with many owner-occupiers who communicate well usually finds agreeing shared repairs easier than one with absent landlords and no factor. You cannot always tell from a viewing, but your solicitor can ask the seller about owners' meetings, shared funds and disputes.
Under One Roof, a Scottish charity-run advice service referenced by mygov.scot, publishes guidance on shared repairs and tracing absent owners. This is general information, not legal advice; your solicitor should review the deeds of any flat before you commit.
Frequently asked questions
Who pays for roof repairs in a tenement?
The owners share the cost. The title deeds decide how, and if they are silent the Tenement Management Scheme defaults to equal shares.
Do all flats need a factor?
No. The scheme can be used whether or not you have a factor, and owners can vote to hire or dismiss one.
Can I check that neighbours are insured?
Yes. You can ask in writing for evidence of full reinstatement cover, and owners must provide it within 14 days.
What should I ask before buying a flat?
Ask your solicitor about the title deeds, recent and planned repairs, outstanding bills, and the factor's fees and services.