Scottish Executive seeks tenement reform
The Scottish Deputy Minister for Communities has said the new Tenements Bill will make it easier to repair and maintain Scotland’s tenements.
Currently, unless title deeds say otherwise, all owners of flats within a tenement must give their consent for any repairs to be carried out.
This can lead to one owner having an effective veto over necessary repairs.
Mary Mulligan said: “The vast majority of owners take pride in their properties. They want to maintain the common areas, such as the stair and the roof, and keep them in a safe, working order.”
“The Bill will ensure a fairer deal for homeowners in enabling them to carry out repairs and maintenance with majority consent. Everyone will then be liable for repair bills, ending frustration and delay and ensuring common areas are in a good condition.
“This will be a huge step forward for responsible owners and will mean neighbour disputes can be resolved quickly. Approval by the Parliament today of the principles of the Bill will be a significant step forward in our drive to modernise and improve property law in Scotland.”
Much of the housing in central Edinburgh and Glasgow, including the most exclusive areas, is built under the tenement system.
Under the new bill if the title deeds to a tenement do not specify how the cost of maintenance will be divided then a Tenement Management Scheme will be set up to apportion the cost between the flats.
Though improvements to the building will still be subject to unanimous approval, maintenance decisions, such as mending of the roof or external walls, will be approved by majority vote.
Though the bill is focused on tenements it will also cover all other developments of flats within a single building shell.
The bill is being debated in the Scottish Parliament this Thursday and is almost certain to pass through to the next stage.
Though it has been welcomed in principle by most MSPs, a number of concerns still remain.
In May the Justice Two committee urged the Executive to look closely at the situation whereby a new purchaser could become liable for any contribution owed by the previous owner.
They were worried by the potential situation whereby a seller might not disclose repair liabilities, and then the new purchaser could be landed with thousands of pounds worth of bills.
