Common Repairs Policy - Section 7
7. Repairs and Improvements
7.1 A distinction must be made between repairs, which put right damage to the property, and improvements, which may not be necessary but which keep the property in good condition and prevent it from falling into disrepair. There is no unchallenged definition of the difference between maintenance and improvement but the general legal principle is that maintenance is work that keeps the property in its original condition and does not add something substantially new. There is no legal basis in the title deeds for enforced improvement of property.
7.2 Maintenance or repair works are described in this policy as "emergency" or "necessary repairs" for the continued upkeep of the buildings, while the work that is desirable but not strictly necessary is described as an "improvement".
7.3 Title deeds usually contain provisions for repair and maintenance work but do not normally impose conditions concerning the improvement of properties. In accordance with title deed provisions, in the event of a necessary repair, the consent of the owner to carry out the work is not required by the Moray Council. Owners' consent is required however in the case of improvements. The consent of the owner's spouse is also required. If title deeds for flats are silent, then in accordance with the Tenement (Scotland) Act 2004, the consent of the majority of owners is required for both necessary repairs and improvements.
7.4 Some cases of necessary work are easily defined, such as the replacement of roof tiles after storms, fixing broken guttering and repairing spalling roughcast. Similarly, improvements are easily defined such as the installation of a door entry system or removing a redundant chimney head. However, the category of some works is less easily identified as a repair or improvement, and requires the opinion of a technical and/or legal officer to advise whether the work would fall into the category of necessary repair or improvement work.