Information and the responsibilities of owner / occupiers
In Perth and Kinross, and Scotland, owner-occupation is the dominant tenure with a majority of households either owning their homes outright or, more commonly, with a mortgage.
The Perth and Kinross area is a very popular place to live and a significant proportion of privately-owned properties are purchased by people who wish to move into the area.
Buying a property
You will need to ensure that you have sufficient funding in place to pay for the property.
You will normally need to appoint a solicitor to represent you as you bid on or purchase a property.
You have sole responsibility for the repair and maintenance of your property. If you live in a building with two or more properties, you may also be jointly responsible for those parts in which you have a common interest. Common interest parts of the building can include:
- Chimney Stacks, Vents and Flues
- The Roof
- Mutual Gable Walls
- Gutters and Downpipes
- Security Entry Systems
Your title deeds may contain a Deed of Conditions or other document that clarifies your common repair responsibilities. If the deeds do not cover this issue, you may still be responsible in terms of the Tenements (Scotland) Act 2004.
Tenements (Scotland) Act 2004
This law affects every owner in a building that is divided into two or more properties on different floors. It applies to residential, business and commercial properties alike.
One of the main difficulties with common repairs is that some owners may be 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.
As an owner-occupier, you are responsible for insuring your own property. You should also insure the contents of your home although you are not legally obliged to do so.
Where there is a common interest in certain parts of the building, you and your fellow owners are legally obliged to insure their properties for their reinstatement values. You and your fellow owners can also meet this obligation by taking out a common insurance policy that covers the entire building.
You are entitled to request (in writing) evidence that your fellow owners have adequate insurance policies. If they do not, you can enforce this obligation through the Sheriff Court.