Tenement Management Scheme and repairs

The Tenement Management Scheme is a set of rules in legislation.

By following these rules, you can make decisions with your neighbours.

The scheme will tell you:

• what maintenance of the tenement is
• what parts of the tenement every owner should maintain, called ‘scheme property’
• what parts of the tenement only some owners should maintain
• how to make agreements about maintenance, called ‘scheme decisions’
• how maintenance costs are shared

When you can use the scheme

You can only use the scheme if your title deeds:

• do not say anything
• are unclear or have gaps
• contradict what your neighbour’s title deeds say

If your title deeds are clear on what to do, you must follow that process.

You can use the scheme whether you have a property factor or you self-factor.

Maintenance of the tenement

You’re responsible for maintenance when it’s being carried out. This means:

• cleaning
• gardening
• repairs and replacement
• painting and other routine work
• the day-to-day running of the tenement
• rebuilding part of the tenement

What maintenance does not include

Maintenance does not include:

• alteration
• demolition
• making improvements, unless it's part of maintenance work – for example, replacing a broken door with one with a better lock
• redecorating privately owned areas, unless they're damaged during work on a common area

Scheme property

Scheme property is the parts of the tenement that every flat owner should maintain. It is:

• any part your title deeds say is common property of 2 or more owners
• any part that all flats use and your title deeds say 2 or more owners must maintain
• the ground on which the tenement is built
• the external walls and foundations
• the roof, rafters and any structure supporting the roof
• the part of the gable wall that is part of the tenement building
• any load bearing wall, beam or column

Parts that only some owners maintain

There are some parts of a tenement that are not scheme property. This means only some owners are responsible.

An individual owner is responsible for the following, if they only serve their flat:

• doors, windows, skylights, vents or other openings
• a chimney stack or flue
• an extension

Only the owners who have use of the following are responsible for them:

• drainpipes serving one side of the flat
• any part that only some flats use, that the title deeds say 2 or more owners must maintain

Making a scheme decision

If your title deeds do not say how to decide, and the flat owners cannot agree, you can use the scheme to make decisions.

This includes:

• carrying out maintenance
• arranging maintenance inspections
• hiring or dismissing a property factor

Decisions are made by voting. Each property has one vote.

You can get guidance on making scheme decisions on the Under One Roof website.

Scheme costs

If your title deeds do not say how maintenance costs must be shared, then you can use the scheme.

All owners pay an equal share of maintenance and repairs, unless:

• the work involves part of the tenement only used by some owners – only the owners of the flat involved should pay
• the floor area of the biggest flat is more than one and a half times the floor area of the smallest flat – the costs should be split so the owner of the larger flat pays more

If an owner is absent or does not engage

You can get guidance on tracing absentee owners on the Under One Roof website.

Legislation

Read the scheme in full in Schedule 1 of the Tenements (Scotland) Act 2004 on legislation.gov.uk.