Tenements (Scotland) Act 2004
This is a relatively new law that affects every owner in a building that is divided into two or more properties on different floors. It applied to residential, business and commercial properties alike.
One of the main difficulties with common repairs is that often, some owners are reluctant to contribute towards the repair costs. The Act aims to ensure that common parts of buildings are kept in good condition by setting out a decision making structure. This should make it easier to carry out repairs where there is disagreement between owners. In most cases, this means that repairs can be carried out with the agreement of the majority of owners.
If your Title Deeds or those of your fellow owners do not adequately cover common repair responsibilities, the Tenements (Scotland) Act 2004 will apply.
If you need specific advice about your Title Deeds or how the Tenements (Scotland) Act affects you, you should contact your solicitor.
