There are a number of defined occasions when you must allow access to your flat to allow for communal repairs and associated works.
You must give access to your flat in order to allow:
- maintenance
- maintenance surveys
- checks to be made about whether you have kept to your responsibilities (e.g. not to interfere with the structure of the property)
- measuring the floor area to work out share of costs
- tenants may be obliged by their landlord to allow access
You should be given ‘reasonable’ notice (‘reasonable’ is not legally defined, but can vary according to owners’ circumstances). If the work is an emergency, you do not need to be given ‘reasonable’ notice.
If you refuse access, other owners can apply through the Sheriff Court.
If any damage is caused while access is allowed, then all owners in the tenement are obliged to pay their share of the cost of putting the damage right. So, if a top floor flat is damaged by roof repair work, the cost of reinstating decoration should be paid for by all owners, not just the top flat owner.
Legal reference
