Abandonment and demolition

When a tenement building, due to its poor condition, has been uninhabited for more than six months and is unlikely to be returned to, any owner is entitled to insist that it be sold. [1] In order to do his s/he must apply to the sheriff court seeking an order granting such a power. [2] An appeal against the sheriff's decision can be lodged within 14 days of the order being granted or denied. [3] Without an order, all flat-owners must be in agreement that the building ought to be sold.

Any proceeds from the sale should be equally shared between all owners unless the largest flat has more than 1½ times the floor area of the smallest flat. In such a case the cost or proceeds should be shared in proportion to the floor area of each flat. [4]

Demolition of a building will not affect any of the flat-owners' right of ownership in the building. [5] In the absence of the title deeds requiring any owner to rebuild, [6] no owner may rebuild on the land without the agreement of all the other flat-owners. [7]

If a unanimous agreement cannot be reached, any owner is entitled to insist that the land be sold. In order to do his s/he must apply to the sheriff court seeking an order granting such a power. [8] An appeal against such a decision can be lodged within 14 days of the order being granted or denied. [9]

The cost of demolition and any proceeds from the sale should be shared equally between all owners unless the largest flat has more than 1½ times the floor area of the smallest. [10] In such a case the proceeds should be shared in proportion to the floor area of each flat. [11]