Scheme property

The cost of the repair and maintenance of scheme property should be divided amongst flat-owners within the building. For more information, please see the section on the cost of repairs.

Decisions on the repair and management of scheme property are to be taken by the flat-owners through processes contained in the legislative management scheme. [1] This is often the case even where one individual exclusively owns the feature in need of repair. For more information, please see the section on the tenement management scheme.

The three categories of scheme property are:

• structural parts of the tenement, which includes the ground below the building, its foundations, external walls, roof, gable wall and any load bearing wall, beam or column [2]

• all parts of the tenement that are 'common property' [3]

• all parts in respect of which the title deeds impose a responsibility on more than one owner. [4]

The structural parts of a tenement building that form part of scheme property, because of their fundamental importance to the building as a whole, are: [5]

• the ground below the tenement and its foundations

• external walls, gable wall and any load bearing wall, beam or column

• the roof.

If these structural parts are located within the boundaries of a flat they will belong to the owner of that flat. However, unless the title deeds state otherwise, all the flat-owners in the building will have a say in their maintenance and repair. [6] All flat-owners will also be equally responsible for covering the cost of the work.

Decisions relating to the maintenance and repair of scheme property should be made under the processes laid down by the legislative management scheme. This is the case even if the scheme property is positioned within the boundaries of only one flat. For more information, please see the section on the management scheme.

Some areas of a tenement building do not come within the boundaries of individual flats. These areas, such as the stairs, lifts, pipes and roof gutters are referred to as pertinents.

If the title deeds do not state otherwise, pertinents form part of scheme property because of their fundamental importance to the building as a whole. [7]

Unlike with structural parts of the building, only those flat-owners that are served by a pertinent will be responsible for deciding whether work should be done to it [8] and for funding any such work. [9] Therefore, unless the title deeds of the building state otherwise, maintenance of the lifts will be the responsibility of all the flat-owners who use them to access their property. [10] Other items outwith the individual flats, such as pipes, fire escapes and roof gutters will also be the responsibility of the flats they serve. [11] Therefore, if an item such as a fire escape serves only two flats, responsibility will be divided equally amongst only two owners. Only those two owners will have a say in decisions relating to the repair of the fire escape and the cost of any such work. Any decisions relating to the maintenance of pertinents should be made through the processes laid down by the legislative management scheme.

Where the title deeds state that more than one owner is responsible for a particular aspect of building maintenance then those owners will make all decisions relating to that work. They should do this through majority voting amongst themselves under the legislative management scheme unless alternative provisions are made in the title deeds of the building. This is because making reference to the legislation should fill any gaps in the title deeds. [12]