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Disrepair and common property

This section looks at provisions that have been introduced to simplify the process of carrying out repairs to property within blocks of flats. The provisions clarify the boundaries of ownership within buildings and allocate responsibility for repairs to property that is owned or used by more than two people. They also introduce a scheme of majority voting that can be employed to make decisions relating to repair and maintenance of the building.

Affected buildings

In order to be subject to the provisions the building must meet certain criteria. 

Flat-owners' duties

Each flat-owner generally has responsibility for the repair and maintenance of the parts of the building that s/he owns. 

Support and shelter

This section looks at the responsibilities of flat-owners to the support and shelter of the building as a whole. 

Tenement management scheme

The tenement management scheme sets out procedures to be followed when flat-owners are making decisions relating to scheme property. 

Scheme property

The term 'scheme property' describes those areas of a building that are so fundamental to the building as a whole that they should be maintained in common by all the owners. 

Cost of repairs

This section looks at how the cost of repairs is divided under the tenant management scheme. 

Abandonment and demolition

If a building's title deeds make no provision for its abandonment and demolition then the procedure laid down by the legislation should be followed. 

Development management scheme

The development management scheme (DMS) is designed to reduce disputes over maintenance, repairs and other issues affecting new developments where several residential or commercial owners share common property. In order for the rules of the scheme to apply, the owners or co-owners of the land on which the development is built must register the scheme in the Land Register. 

This content applies to Scotland

Last updated: 29 December 2014