Publication - Advice and guidance

Property Factors (Scotland) Act 2011: property factors - code of conduct

Published: 18 Jan 2021

The code of conduct part of the Property Factors (Scotland) Act 2011 which property factors are required to abide by.

Property Factors (Scotland) Act 2011: property factors - code of conduct
Overarching standards of practice
The requirements from this point forward (pages 8-32) form part of the Code and apply from 16 August 2021. Appendix 1 is a glossary of terms used in the Code, and also forms part of the Code

The following are the overarching standards of practice that property factors should apply in carrying out their work:

  • You must conduct your business in a way that complies with all relevant legislation.
  • You must be honest, open, transparent and fair in your dealings with homeowners.
  • You must provide information in a clear and easily accessible way.
  • You must not provide information that is deliberately or negligently misleading or false. 
  • You must apply your policies consistently and reasonably.
  • You must carry out the services you provide to homeowners using reasonable care and skill and in a timely way, including by making sure that staff have the training and information they need to be effective. 
  • You must not unlawfully discriminate against a homeowner because  of their age, disability, sex, gender reassignment, being married or in a civil partnership, being pregnant or on maternity leave, race including colour, nationality, ethnic or national origin, religion or belief or sexual orientation.
  • You must ensure all staff and any sub-contracting agents are aware of relevant provisions in  the Code and your legal requirements in connection with your maintenance of land or in your business with homeowners in connection with the management of common property.
  • You must maintain appropriate records of your dealings with homeowners. This is particularly important if you need to demonstrate how you have met the Code’s requirements.
  • You must ensure you handle all personal information sensitively and in line with legal requirements on data protection
  • You must respond to enquiries and complaints within reasonable timescales and in line with your complaints handling procedure.
  • You must not communicate with homeowners in any way that is abusive, intimidating or threatening.

Some of these points are expanded in the later sections of the Code.


Contact

propertyfactorregister@gov.scot