Common Repairs Policy- Section 6
6. Flat Owners' Responsibilities
6.1 When a flat is sold, a right of common ownership is usually granted along with any other flats sharing common parts of the tenement. These common parts can include the roof, foundations, entrance hallways, stairwells, division walls and floors, joists, drains, rhones, service pipes, cables and wires and other parts used in common by the other proprietors of the block of flats. Title deeds normally set out an owner's duty to pay a share towards the cost of common repair and maintenance.
6.2 Care will be taken to establish the owner’s rights and responsibilities, as they may not be obvious. The Moray Council’s Legal Services will check the title deeds prior to any notification of rechargeable repairs.
6.3 In the event of title deeds for a flat being silent, the Tenement (Scotland) Act 2004 will prevail. The Act clearly sets out owners’ responsibilities for repairs through the introduction of the Tenement Management Scheme (Appendix 1).