Release of Ownership
Release of Ownership application
Property owners who are trying to organise common repairs or maintenance for their tenement may not be able to contact a fellow owner who does not live at the property.
This can often hold up much needed repairs. In some cases, the Council might be able to provide the lead owner with contact details for the absent owner. Section 20 of the Local Government in Scotland Act 2003 may let the Council provide contact details held on our electronic systems
How our Release of Ownership Information process works
The Council can consider releasing an owner's details when
- the absent owner does not engage with their fellow owners in relation to necessary common repairs or maintenance
- owners cannot find or identify the non-resident owner through reasonable inquiry.
Conditions for a Release of Ownership Information application
Owners must follow the correct procedures before the Council will consider their application.
Owners will need to show that
- the repair or maintenance is communal and reasonable, you can do this by providing a contractor's quote, surveyor's report or photographs of the defect
- the absent owner is liable for a share of the costs, or that they should be consulted about the repair (this is usually stated within the Title Deeds or Deed of Conditions)
- they have tried to contact the absent owner using details from Registers of Scotland and Landlord Registration.
Owners must also consent to the release of their contact details to the absent owner.
How to apply for an absent owner's details
Download the Release of Ownership application form and return it to us at the address at the end of the form. Please ensure that you include copies of all required supporting documentation.
If you have any questions about the application or you would like to be sent an application form contact us using the details at the bottom of the page.
What happens after you apply
The Edinburgh Shared Repairs Service (ESRS) project panel reviews all Release of Ownership Information applications. A Case Officer will give you an expected decision date if your application goes forward.
If your application is successful, your Case Officer will write to you to tell you of this decision. The Council will then contact the absent owner and tell them to contact either the lead owner organising the repair or ESRS within 28 days. If the absent owner fails to do so, ESRS will release their contact details to the lead owner.
If your application is unsuccessful, your Case Officer will write to you to tell you of this decision. Please note that there is no appeal process for unsuccessful applications.