Some rules apply to all flatted buildings, regardless of what the titles say.

The rules that apply to every flat are:

• a requirement to have building insurance
• the Duty to Maintain parts of the building that provide support and shelter
• owners should not interfere with parts of the building that give support or shelter
• what happens where flats are in joint ownership
• dispute resolution
• what happens to the cost of repairs in progress when a flat is sold
• access to allow work to take place

These rules are set out in the main body of the Tenements (Scotland) Act 2004.

The Tenements Act also set out other default rules (known as the Tenement Management Scheme) which apply only if, and to the extent that, the titles are inadequate. These rules concern:

• the ownership of common property
• the maintenance of common property
• who pays for repairs to common property
• what counts as maintenance
• voting rights
• how decisions are made (e.g. one vote per flat, how meetings are arranged, and votes held)
• setting up a maintenance account to pay for repairs