What property factors must do
All property factors in Scotland must:
- be registered on the Scottish Property Factor Register
- follow the property factor code of conduct
Registration
Registration exists to protect homeowners and make sure factors meet the required standards.
Registered factors must:
- annually tell the register team which properties they managed in the previous financial year
- include their registration number on all documents issued to homeowners
This information is published on the register, though it is not updated in real time.
Searching the register
It’s against the law to operate as a factor without being registered.
To check if your factor is registered search the Scottish Property Factor Register.
If someone asks you to pay factor fees
Do not pay any fees until you know that the person or organisation is registered.
If they are not registered:
- Do not pay.
- Report it to the police – you can use the Contact Us form on the Police Scotland website.
- Tell them how much you are being charged.
- Include the following wording in your report.
Section 12 of the Property Factors (Scotland) Act 2011 states that operating as an unregistered property factor is a criminal offence.
You should also tell the register team so they can assist Police Scotland with any investigation. Email: propertyfactorregister@gov.scot
Code of conduct
The code sets out minimum standards that all factors must meet.
Read the property factor code of conduct on gov.scot.
The code includes the following sections.
Written statement of services
Your factor must give you a written statement that explains:
- what services they will provide
- how they calculate fees
Communication and consultation
Your factor must keep you informed and consult with you before making important decisions, such as hiring contractors.
Financial obligations
Your factor must:
- manage your money openly and responsibly
- give you a clear annual statement
- explain how funds are used
Debt recovery
Your factor must follow a fair and transparent process before taking action to recover unpaid fees. They must give you a chance to respond before taking action.
Insurance
Your factor must:
- make sure there is appropriate building insurance
- give you proof of insurance if you ask for it
Repairs and maintenance
Your factor must arrange repairs and maintenance to agreed standards.
Complaints resolution
Every factor must have a written complaints process, explaining how they handle complaints.