Housing Options Guide 4c

4c.  Common repairs

This page gives information for owners of flats in buildings where Moray Council also owns property.  It explains:

  • your rights and responsibilities
  • what happens if we suggest work,
  • how decisions about common repairs are made, and
  • the process followed if the work is agreed.

What are common repairs?

Common repairs refer to parts of the building which all owners are collectively responsible for maintaining.

If you own a flat in a shared building, you are jointly responsible, with the other owners, for maintaining the common parts of the building.  Moray Council has the same responsibility as other owners.  All owners, including the Council, have the right to take part in decisions about any work that needed to common parts and must pay for their share of common repairs.

What are common areas?

When you buy a flat, you also take on shared ownership of the common areas of the building.  These are typically set out in your title deeds and may include:

  • foundations and external walls
  • chimneys, stacks and vents
  • the close and staircase
  • bin stores and back courts
  • the roof
  • gutters, downpipes and drainage
  • door entry systems
  • shared paths

You and the other owners are jointly responsible for maintaining these parts of the property.

Who is responsible for common area repairs

If your building's common areas need to be repaired, every owner must pay a share of any common charges for works and services.

Your title deeds may tell you about:

  • your rights and responsibilities for your own property;
  • your shared responsibility to manage and maintain the building jointly with the other owners; and
  • how costs for work are divided.

If the title deeds are silent or unclear the Tenancy Management Scheme (TMS), set out in the Tenements (Scotland) Act 2004 will apply.  The TMS is a legal framework for managing common parts of a building.  For example, if the deeds do not explain how decisions should be made or how costs are shared, the rules in the TMS will be used.

Property that's jointly owned with the council

We own flats in mixed tenure buildings.  Any owner can organise works as long as they follow the correct legal process.  As an owner, we have the same responsibilities as the other owners.  

To make sure buildings are safe, and meet relevant standards, we may organise repairs on behalf of all owners.   

We will not carry out repairs or improvements without consulting other owners within the building first.  If works go ahead, each responsible owners must pay for their share.

Cooperation from all owners is essential to allow common repairs and improvements in these buildings.

How are decisions on common repairs made?

If the title deeds don’t include a decision-making process, the TMS applies. If we think that work is needs done in common parts of the building, we will:

Step one – give you information

We write to you and:

  • give you details about the proposed works;
  • explain your legal obligations;
  • tell you the estimated cost of the works;
  • give an estimate of what your share of the cost is; and
  • give the contact details of a named officer to contact.

Step two – owner vote

  • Each flat has one vote.
  • Joint owners must agree together.
  • You have 28 days to respond.
  • We may arrange a meeting to discuss the work needed.  If we do, we will give you at least 48 hours’ notice.
  • A majority of owners must agree before most repairs or maintenance can proceed.
  • Improvements (upgrades beyond the original condition) require unanimous agreement.

Step three

We will tell you the result of the vote and what will happen next.

  • If the majority of owners agree, the work will go ahead, after any appeals process has been followed.
  • If the work is an improvement, all owners must agree before work can go ahead.
  • If 50% or more vote against the work, it will not go ahead, unless it is an emergency.
  • If you vote for the work to go ahead, you are also agreeing to pay for your share of the cost of the common repair work needed.  If you vote against the work, you will still need to pay for your share of the cost if the majority of owners vote in favour and the work goes ahead.

What is the difference between maintenance, repairs and improvements?

Maintenance

This is the routine upkeep to keep buildings in good condition and prevent deterioration, cleaning, repairs, replacements.  For example, clearing gutters, repainting communal areas or Servicing lifts or door entry systems.  We need the majority agreement of owners in the building before we could proceed with the work.

Repairs

These are fixing damage or restoring something to its original condition.  For example, fixing a leaking roof, replacing broken guttering or repairing damage stonework or windows.  We need the majority agreement of owners in the building before we could proceed with the work.

Improvements

These are enhancements or upgrades beyond original condition or standard.  For example, installing double glazing where none existed before.  We need all owners to agree before we could proceed with the work.

What are the benefits if the Council carries out the common repair works?

If owners agree to the proposed works, we will:

  • manage and co-ordinate the work needed;  
  • keep owners updated on progress; and
  • make sure that the work is carried out to meet relevant standards.

What happens if I want to arrange to have works carried out?

If you want to arrange to have work carried out, you will need to follow the correct legal process, including getting permission from other owners.  You will need to give us two quotes from contractors.  We will consider them and if we agree, we will:

  • write to you and give you permission;
  • inspect the work once done to make sure it meets with Council standards; and
  • pay for our share of the cost once you give us a copy paid contractor’s invoice.

How are the cost of the works shared?

Unless set out in the title deeds, these will be worked out In line with the TMS.  The costs are usually split equally between owners unless:

  • only some flats benefits from the work, or
  • one flat is significantly larger than the others.

After the work is done, we will invoice you will for your share of the cost.  If cannot pay the amount in full at once, we may be able to agree a repayment plan with you.

What is a Notice of Potential Liability for Costs (NOPL)

If you enter a repayment plan, we may register a Notice of Potential Liability for Costs (NOPL) against your property.   This is a legal notice recorded with the Registers of Scotland to show that costs relating to common repairs are owed.  It:

  • sits on your title and is visible during sale or re mortgage checks.
  • may make selling or borrowing against the property more difficult until the debt is cleared.
  • lasts for three years and can be renewed.
  • is removed once the debt is fully paid.

What if happens if I don’t pay my share of the cost?

If you don’t pay an invoice or if you don’t maintain agreed repayment instalments, we will take debt recovery action under the Council’s Sundry Debt Management Policy and using relevant legal remedies available.

What if I disagree with a decision?

If you disagree about the need for repairs or maintenance to common parts, including the choice of materials, contractors, or the timing of the work, you can ask for a review of the decision.  You request will be reviewed by the Housing Asset Manager.

If you are still not satisfied after this stage, you may request a further review by writing to the Service Manager (Property, Estates and Assets).  Please set out the reasons for your request and any information you want to be considered.

If the decision relates to the TMS, you may appeal to the Sheriff Court within 28 days of being told of the decision.  We would recommend that you get independent Legal advice.

Where can I get more information and advice

You can read more in our:

The following external resources also provide useful information:

Rate this Page