Appealing decisions

There is legal protection for owners who do not agree with majority decisions. The circumstances are relatively limited.

If the decision has been made using the provisions of the Tenements Act, owners who didn’t vote for the decision and who would be liable for 75% or more of the costs can simply annul (cancel) the decision. They have 21 days to inform all the other owners that they plan to do this. If this blocks urgent repairs, then consider using the Duty to Maintain.

Where an owner does not agree with a decision, they have 28 days to ask the Sheriff Court to annul that decision. The 28 days start from the date of the meeting or the date the owner was given notice about the decision, whichever is later.

The Sheriff can annul the decision if it is felt that it is:

  • not in the interests of all the owners as a group or
  • unfairly prejudicial to some owners

A Sheriff is unlikely to allow an annulment if a decision is about:

  • commissioning straightforward repairs as it is obviously in everyone’s interest to keep the tenement in good order
  • which contractor to use or
  • repair specification

An example of a decision which might be successfully appealed is carrying out expensive repairs to a building that has only a short life.

These rules do not apply to decisions made under a Development Management Scheme (but these schemes are still not commonly found).

Taking legal action should be your last course of action. It is much better to meet with other owners and talk about why you disagree, and attempt to come to a compromise position.

Legal reference

Appealing decisions


1200 800 Under One Roof

Ask for help from our team of tenement experts

Managing and maintaining a tenement building can be difficult. Under One Roof offers a free enquiry service that allows you to ask specific questions relating to your building.

Ask an expert
Privacy policy
Terms of service

Mid ceiling

Below ground level

Your tenement may have a basement, sometimes used for living accommodation or sometimes used for storage, cellars or wash-houses. These buildings will often also have a 'dunny' between the basement…

905 800 Under One Roof

Energy efficiency improvements

Adding insulation and draught-proofing can save money and the planet but in…

2560 1707 Under One Roof

Insulating traditional solid walls

Recent research suggests that traditional solid stone or brick walls provide better…

2560 1707 Under One Roof

Flat roofs

Flat roofs can be found on buildings of all ages. They can…

406 305 Under One Roof

Asphalt flat roofs

On stone tenements, asphalt roofs are found on: 'high backs' - raised backcourt…

406 305 Under One Roof
Start typing
Privacy Preferences

When you visit our website, it may store information through your browser from specific services, usually in the form of cookies. Here you can change your Privacy preferences. It is worth noting that blocking some types of cookies may impact your experience on our website and the services we are able to offer.

Our website uses cookies, mainly from 3rd party services. Define your Privacy Preferences and/or agree to our use of cookies.