Buying a Scottish Tenement Flat
Buy a flat in Scotland and you buy into a tenement, with a shared roof, a shared stair, and shared bills that can run to thousands. Here is what to check before you offer.
The Short Version
- A tenement is any building divided into flats: most Scottish flats are in one
- You own your flat but share roof, close, walls and drains with other owners
- The Tenements (Scotland) Act 2004 sets default rules where the deeds are silent
- A factor manages common repairs and is regulated under the 2011 Act
- A major common repair can cost thousands per flat: check for planned schemes
- Scottish flats are owned outright, not leasehold: no ground rent or lease term
What a tenement is
In Scotland, a tenement is simply a building divided into flats, whether a grand Victorian sandstone block in Glasgow's West End, a New Town townhouse in Edinburgh converted into apartments, or a 1960s block. The word carries none of the negative connotations it sometimes does elsewhere. If you are buying a flat in Scotland, you are almost certainly buying into a tenement, and that brings shared rights and shared responsibilities you need to understand before you offer.
Who owns what
You own your individual flat. But the building has common parts (the roof, the close (the shared stairwell and entrance), the foundations, external walls, the back green, shared drains) and responsibility for these is shared among the owners. How that responsibility is divided depends first on the title deeds, and where the deeds are silent or unclear, on statute.
The Tenements (Scotland) Act 2004
This Act provides a default framework, the Tenement Management Scheme, that applies where the title deeds do not make their own provision. It sets out how decisions about common repairs are made and how costs are shared. Broadly, under the default scheme:
- Most maintenance decisions can be taken by a majority of flats, rather than requiring unanimity, which prevents a single owner blocking essential repairs
- Costs are usually shared equally between flats, though larger roof or structural costs may be shared by floor area in some cases
- Any owner can arrange emergency work and recover a share from the others
Importantly, the deeds take precedence where they do provide for these matters, so two flats in similar buildings can have quite different arrangements. Your solicitor will check what your specific title says.
Factors
Many tenements employ a factor: a property manager responsible for organising common repairs, arranging buildings insurance, cleaning the close and collecting each owner's share of the costs. A factor is broadly the Scottish equivalent of an English managing agent.
Factors in Scotland are regulated under the Property Factors (Scotland) Act 2011 and must be registered on the Scottish Property Factor Register and comply with a statutory Code of Conduct. When buying, you should find out who the factor is, what the arrangements cost, whether there are any arrears attached to the flat, and whether a float or deposit is held.
The big risk: common repairs
The issue that catches tenement buyers out is a major common repair. Roof renewal, stonework repair, chimney work or a full re-render on a large tenement can run to many thousands of pounds per flat. If a scheme is already planned or under way when you buy, you could inherit a substantial bill shortly after moving in.
This is precisely why the Property Questionnaire in the Home Report asks the seller to disclose planned or recent common works, and why your solicitor will raise enquiries about the state of the building and any agreed schemes. Read those answers carefully and factor potential repair liabilities into your offer.
What to check before you offer
- The Home Report: especially the Single Survey's comments on the roof, common parts and any Category 3 items, and the Property Questionnaire's disclosures on repairs and factoring
- The title deeds: how common costs are shared, and any special burdens
- The factor: who they are, the cost, and any outstanding balances
- Planned works: whether any scheme has been agreed or is being discussed
- Buildings insurance: whether the block is insured on a common policy and whether cover is adequate
- The back green and bin store: shared spaces with shared upkeep
Is this the same as leasehold?
No, and this is a common point of confusion for buyers moving from England. Scottish flats are generally owned outright, not held on a long lease from a freeholder. Residential long leasehold was largely abolished in Scotland by the Long Leases (Scotland) Act 2012. There is no ground rent, no lease to run down, and no marriage value on extension, the issues that dominate English leasehold simply do not arise. What you have instead is shared ownership of common parts governed by the title and the 2004 Act.
A Note on Jurisdiction
This guide applies to Scotland. Flats in England and Wales are typically leasehold, with an entirely different framework of ground rent, service charges and lease extensions: see our leasehold guides for that position.
Common Questions
Frequently Asked Questions
Who is responsible for the roof in a Scottish tenement?
Responsibility is shared among the owners. How it is divided depends first on the title deeds; where they are silent, the Tenement Management Scheme under the Tenements (Scotland) Act 2004 applies. Under the default scheme, decisions can usually be made by a majority of flats and costs are commonly shared equally, though larger structural costs may be split by floor area. A roof renewal can run to thousands of pounds per flat.
What is a factor?
A factor is a property manager for a tenement or development, responsible for organising common repairs, arranging buildings insurance, cleaning the close and collecting each owner's share of the costs. It is broadly the Scottish equivalent of an English managing agent. Factors are regulated under the Property Factors (Scotland) Act 2011 and must be on the Scottish Property Factor Register.
Are Scottish flats leasehold like English ones?
No. Scottish flats are generally owned outright rather than held on a long lease from a freeholder, and residential long leasehold was largely abolished by the Long Leases (Scotland) Act 2012. There is no ground rent, no diminishing lease term and no marriage value on extension. Instead you have shared ownership of common parts, governed by the title deeds and the Tenements (Scotland) Act 2004.
How do I avoid inheriting a big repair bill?
Read the Home Report carefully, particularly the Single Survey's comments on the roof and common parts and the Property Questionnaire's disclosures about planned or recent works. Have your solicitor raise enquiries about any agreed repair scheme and about the factor and any arrears. Where a major scheme is planned, factor the likely cost into your offer or negotiate accordingly.
Keep Reading
Related Guides and Pages
What Is a Home Report?
Where common repairs and factoring are disclosed.
Missives Explained
How the Scottish contract is formed.
Scotland vs England
Why Scottish flats work so differently from English leasehold.