Adaptations to common parts
This section explains the rights of disabled people to make adaptations to communal parts of a property.
Adaptations to common parts
A disabled person may carry out relevant adjustments to common parts but they must get the consent from the majority of affected owners. [1]
The disabled person can be the:
owner,
tenant or
another occupier with permission of the tenant or owner.
The disabled person must either live in, or intend to live in the property, as their only or main home. [2]
Relevant adjustments include alteration or addition: [3]
to any common parts which afford a means of access to the premises, or
to make the premises suitable for the accommodation or welfare of a disabled person
Costs of works
The disabled person will be liable for all costs unless they have entered into agreement with the other owners to share costs. [4]
A disabled person may be entitled to help with some of the costs. See the page on the Scheme of Assistance for more information.
Procedure
The applicant must request consent from all the owners affected by the proposed works using the prescribed form. [5]
The owner may:
consent
consent subject to reasonable conditions
withhold consent, provided that it is not unreasonably withheld,
When considering whether to grant consent the owner is entitled to have regard to [6]
the safety of the occupiers of the house or any other property
any costs that the owner might incur as a result of the work
whether the proposed work could have a negative impact on the value of the property
any Code of Practice issued by the Equality and Human Rights Commission in relation to reasonable adjustments made to premises for disabled person.
Conditions imposed may:
Specify the standard to which the proposed works must be carried out
Require common parts to be reinstated when the disabled person no longer resides in the property
Require a plan for maintenance
The owner has one month to respond to the application. [7] Where an owner does not respond within this timescale consent is taken to have been withheld. [8]
The disabled person must send the prescribed notice to all owners advising of the majority decision. [9]
Appeals
A disabled person or an owner of the affected common parts may appeal against the decision at the sheriff court. [10]
Further advice and information
The Scottish Government have produced a leaflet Adapting Common Property: Guide.
The charity Housing Options Scotland provide advice and support to disabled people on renting, buying and adapting their homes.
Last updated: 24 February 2020