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MANAGEMENT AND MAINTENANCE OF COMMON PROPERTY

DescriptionGuidance for the benefit and assistance of professional staff who are involved in advising owners of flats in tenements, including housing officers, solicitors, surveyors, architects and staff in advice bureaux.
ISBN
Official Print Publication Date
Website Publication DateNovember 30, 2005

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Guidance on the Tenements (Scotland) Act 2004 and the Title Conditions (Scotland) Act 2003 for Housing Professionals

ISBN 0 7559 4440 2

This document is also available in pdf format (437k)

Contents

Introduction
• Who this guidance is for
• How the guidance is structured

Chapter 1 - Principles behind the Tenements Act
• Title deeds and the management of the tenement
• Management by title deeds
• The Tenement Management Scheme
• The Development Management Scheme
• Responsibilities of flat owners

Chapter 2 - Ownership of a tenement
• Boundaries of flats
• Common parts

Chapter 3 - What happens if the title deeds are incomplete or unworkable?
• Changing title deeds

Chapter 4 - References to rateable value and feu duty

Chapter 5 - Resolution of disputes
• Pursuit of payment
• Right of minority to appeal (section 5)
• Alternative dispute resolution
• Arbitration

Chapter 6 - Common interest: Obligations in relation to parts of the tenement which provide support and shelter

Chapter 7 - What happens when one of the flats is sold in the middle of repairs
• Completing the forms

Chapter 8 - Contacting absentee owners

Chapter 9 - Access for repairs, etc and installation of service pipes
• Access for repairs, etc
• Installation of service pipes

Chapter 10 - Insurance

Chapter 11 - Property managers and factors

Chapter 12 - Owners' associations

Chapter 13 - Registration and title deeds
• Land Registration and Land Certificates
• Title deeds

Chapter 14 - Demolition and abandonment of tenement buildings

Chapter 15 - The Tenement Management Scheme
• Rule 1 - Scope and interpretation
• Rule 2 - Procedure for making decisions
• Rule 3 - Matters on which scheme decisions may be made
• Rule 4 - Scheme costs: liability and apportionment
• Rule 5 - Redistribution of share of costs
• Rule 6 - Procedural irregularities
• Rule 7 - Emergency work
• Rule 8 - Enforcement
• Rule 9 - Giving of notice