Who is responsible for roof repairs in a flat Scotland?

These include: the roof, the foundations, external walls and any other part of the property which the Title Deeds set out as being the property of two or more owners. It is important to note that paying for roof repairs now becomes the responsibility of every owner in the building – unless your Deeds say otherwise.

Who owns the roof space in a block of flats Scotland?

The TMS apportions maintenance of the roof between all proprietors, even if it is solely owned by the top floor owner, but the attic space will be maintained by the proprietor (or proprietors) who has ownership of that part of the tenement.

What is the tenement management scheme?

The tenement management scheme (TMS) sets out the procedures flat owners need to follow when making ‘ scheme decisions’ about maintaining and repairing common parts. These rules can be used if your title deeds don’t specify how decisions should be made, or if different owners’ title deeds say conflicting things.

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Who pays for roof repairs in a flat?

It is usually the case that every leaseholder has to contribute towards roof repairs as they are deemed to be common parts. However, legally you only pay for the costs of roof repair, if your lease has a term which obliges you to pay for these works.

Who is liable for roof repairs?

The freeholder is usually responsible for: repairs to the building’s structure, including the roof and guttering, repairs to shared parts of the building, such as lifts and communal stairways, buildings insurance (to protect the entire building from accidents and disasters such as fire or flood).

What is a tenement flat in Scotland?

A tenement is a type of building shared by multiple dwellings, typically with flats or apartments on each floor and with shared entrance stairway access, on the British Isles notably common in Scotland.

Is roof space common property?

Usually the four main walls, the ceiling, roof and the floor are common property. The basic rule is that everything inside a lot is the owner’s property which includes all internal walls, fixtures, carpet and paint on the walls.

Who owns the roof of a tenement?

Owners can do what they want Common ownership (also known as common property) is different. In many cases parts such as the roof and external walls will also be owned in common by all of the flat owners, but sometimes these parts might be owned exclusively by the top floor owner.

Is ROOF a common area?

A terrace or rooftop is a common area of in a residential society which is for the enjoyment and benefit of all its members. A community hall, a play area, a garden, a stairway, a terrace and elevators are all shared areas and have to be made accessible to all the apartment-owners without any ownership issue.

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What is a common repair?

Common repairs are those to parts of the building for which all owners as a group are responsible for maintaining. Tenements Act and common repairs. Making decisions about common repairs.

What is common property Scotland?

Where property is held by persons in common, the presumption (rebuttable on the facts of particular cases) is that each is entitled to an equal share: a right which may be enforced if necessary by an action of division and sale.

What do factor fees cover?

Flat owners pay a monthly factoring fees which appears to cover cleaning of communal areas, grass cutting in the back court and (often) buildings insurance. On top of this, owners are liable for their share of the cost of any common repairs.

Do I own the roof of my flat?

You do not own the loft. Most leases do not include the loft space in the “demise” of the lease. This means you do not own it or have any rights to use it.

Who is responsible for roof repairs in a freehold flat?

One of the standard provisions in every residential lease requires the landlord to repair and maintain the main structure of the building which, unless specifically excluded, will include the roof. You should check the terms of the top-floor apartment lease — a copy of this can be obtained from HM Land Registry for £3.

Who is responsible for leaks in flats?

If a flood or leak from a neighbouring flat causes damage in your home, then your landlord is likely to be responsible for repairing it. For example, if the water causes a ceiling in your home to collapse or plasterwork is damaged.

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