If this is the case you and the other owners can revert to the tenement management scheme found at schedule 1 of the tenement scotland act 2004.
Tenement scotland act roof repairs.
And for connected purposes.
It sets out procedures for dividing up repair and maintenance responsibilities making decisions about the upkeep of common areas and paying for repair and maintenance work.
Explains what counts as maintenance.
If you don t have your title deeds you can request a copy on the registers of scotland website.
The tenement management scheme.
Modern title deeds often have very comprehensive and quite sophisticated provisions but if their deeds do not fully cover certain vital common repairs such as repairs to the roof or stairs then the tenements act will fill these gaps.
Despite statements to the contrary the legal position relating to these parts of the tenement has not been altered significantly following the enactment of the tenements scotland act 2004.
The tenement management scheme.
However there are many owners individuals companies and registered social landlords of tenement properties in scotland who are grappling with tenement repairs.
Both the tenements act and the title conditions act facilitate common factoring by making it easier for owners to appoint or dismiss a factor.
The tenements scotland act 2004 is no longer a young piece of legislation.
The tenements act says common repairs include.
The aim of the tenements act is to encourage owners to establish effective arrangements for managing communal repairs and maintenance.
For example in tenement flats this will usually include the common stairs lifts and roof.
Your fellow owners can enforce this responsibility.
The title deeds usually state an owner s responsibility.
This fills in the gaps in title deeds and helps make flat owners responsibilities more clear.
To make minor amendments of the title conditions scotland act 2003 asp 9.
An act of the scottish parliament to make provision about the boundaries and pertinents of properties comprised in tenements and for the regulation of the rights and duties of the owners of properties comprised in tenements.
The external walls but individual owners are responsible for the part of these walls that lies in their flat.
If you would like further information or advice please contact a member of our team.
If you own a tenement flat you are also responsible for maintaining those parts in which you have a common interest.
The ground solum on which your building stands but not always the garden.
The ownership and maintenance of the attic space and roof of a tenement block can cause significant confusion for flat owners.
Who is responsible for repairs.