Organising common repair

Repairs Responsibilities

Homeowners are responsible for repairing and maintaining the common parts of their building.

Organising, financing and progressing common works can often be difficult if not all owners participate or contribute to their share of costs. This can result in repairs or maintenance works being blocked, buildings deteriorating, and larger repair cost further down the line.

Before you start organising common repairs it is important that you check your Title Deeds. They will tell you who owns the property, how the property should be managed and maintained, and who is responsible for repairs.

In some cases Title Deeds may not mention common repairs. If this is the case, the Tenements (Scotland) Act 2004 will apply. This Act was introduced to make sure that common parts of buildings are kept in good repair and it applies to any buildings that is divided into two or more flats on different floors. The Act doesn't override Title Deeds, but is intended to fill any gaps or unworkable clauses.

If you need further advice about your Title Deeds or areas of building responsibility, contact a solicitor.

The Following Sets Out Useful Information For Managing Common Repairs:

Identify the repairs required

Sometimes, the repairs required to the block will be obvious such as a leak or penetrating damp. However, looking around the building can be beneficial to see if there is anything that requires attention.

Contacting Owners

Notification to owners about discussing, organising and instructing common repairs must be written, and can be posted faxed or emailed to the relevant property owner or their agent.

If you can't contact an owner or you don't know who the owner is, then notification can be posted through the door of the flat, addressed to "The Owner". The Council may be able to assist with contacting an owner and encouraging them to get in touch with the repairs coordinator.

Setting Up Meetings

Give at least 48 hours notice. A meeting is not necessary if all owners (as far as practical) are consulted individually. Where owners are unable to attend a meeting, ensure they have the ability to vote on the proposed works and quotes.

Running Meetings

Where owners were not at the meeting, or no meeting was held, notify on any collective decisions made as quickly as possible.

Decisions

Majority decision-making of owners is the basic rule for progressing common repairs (unless your title deeds say otherwise). You also need to know if it's repairs/maintenance or improvements work being proposed because if it's improvement, then the approval of 100% of owners is required.

If you don't get 100% of owners to agree on a common repair, wait 28 days to allow for an appeal.

Getting Estimates

Get more than one comparable estimate, we would recommend three quotes where possible (see our "Organising Repairs to your Building" page).

Bank Accounts

The maintenance account (held by a bank or building society) must be interest bearing and require two signatures (or that of the property manager).

Constitute your owners' group and appoint a treasurer.

Returning Money

What the Tenements Act says:

You may need to refund money if work does not start within 28 days of your official start date or any other date you have agreed. Any sums left in the maintenance account after work has been paid for will be shared amongst those who have paid into the account - this includes interest.

Disagreements

What the Tenements Act says:

An owner can refuse to pay their share if they've not been properly informed of decisions made about common repairs. If this happens, all other owners would need to cover their share of the costs between them. If an owner objects to the work being carried out, and intends to refuse to pay their share on the grounds that they were not properly notified, they must inform the other owners in writing immediately.

If someone owns 75% or more of the property concerned and did not vote, they can reverse the decision. However, they must tell all other owners in writing. Owners who did not vote or disagree with a decision can appeal to the Sheriff Court if they feel the decision is:

• not in the best interests of the owners as a group
• is unfairly prejudicial to one owner.

What If Someone Doesn't Pay

If someone does not pay, the other owners must make up the shortfall. In some cases, owners may choose to accept this extra cost rather than taking legal action to recover the money due, which can be expensive and time consuming. If an owner is bankrupt or can't be found, then the costs will also be shared equally amongst the other owners. The non-property owner is still liable to repay their share of the cost to the other owners, even if those owners have since moved on.

Can You Make Someone Pay?

If you decide to pursue the debt owed, then they are a number of things you can do:

• If the debt is under £750, you can use the small claims court. This procedure is designed to be cheap and easy to use.

For larger sums or a more complex problem, you should seek expert advice from a solicitor on the various ways that you can claim money back.

Missing Shares

Owners may be able to apply for the council to pay for a missing share where the majority of owners are looking to progress communal repairs. The council has a small pot of discretionary funds available to assist owners in progressing these repairs where the legislative criteria has been met. The council has developed guidance for owners looking to progress communal repairs to meet legislative requirements and be able to apply for missing shares. We recommend before commencing the process, to engage with a solicitor for independent legal advice.

Missing Shares Guidance - Missing Shares Scheme - Guidance for Owners 2025 Print Form (PDF, 5 MB)

For advice contact:
Housing Strategy and Regeneration
Tel: 0300 123 0900