Homeowners organising common repairs

As an owner you are legally responsible for any accidents caused by defects in your building. Poor building conditions can also reduce property value, lead to big repair bills and mean cold or damp living conditions. It is in the best interest of owners to keep their building in a good state of repair and maintenance. Otherwise you risk losing control either by neglect or by intervention with a statutory notice from the Council.

Statutory Notices for communal repairs in Edinburgh.  If a problem has been identified with the common fabric of your building, you should first attempt to contact your co-owners.  If they share responsibility for upkeep of the property, you should try to discuss and agree how repairs can be carried out.  If agreement cannot be reached, you may ask for assistance from The City of Edinburgh Council in the form of a Statutory Notice.  Find out more about statutory notices by reading our advisory guide on them.

Title Deeds.  Before you start organising common repairs it is important that you check your Title Deeds as they are the main legal document that sets out your rights, liabilities and rules of the repairs and maintenance of your building. If you do not have them your solicitor, property manager, building society, mortgage provider or Registers of Scotland should be able to give you a copy.  For advice on how to read your title deeds you can download our leaflet. 

The Tenement (Scotland) Act 2004 will apply if your Title Deeds do not make issues of common repairs clear. The Act does not replace your Title Deeds but it clarifies what your responsibilities are if your Deeds are unclear.  Who rules the roof? is an introductory guide to the Tenement (Scotland) Act.

Organising Communal Repairs.  When you organise common repairs it is important for you to follow the correct process to avoid neighbour disputes.  You can download our step by step guide on how to organise communal repairs.