How the Council Recovers Costs

Your Council can use a "repayment charge" to recover repair costs. It is registered on the Title Deeds and means that an owner will have to pay off the debt (including interest and admin charges) when they sell their property. The presence of the Notice may also make it difficult to sell.

If flat owners or commercial property owners do not pay a repair bill, the Council can in many cases register a Repayment Charge with the title deeds.   The Council must first serve a notice on the owners telling them it plans to do this to recover repair costs. The total cost can include the cost of serving the order and interest charges.  The owner should be given the opportunity to make at least 5 annual payments. 

The order can be paid off early.

If an owner sells his flat before paying off the Repayment Charge, he will be forced to pay off the remainder of the repayment charge from the proceeds of the sale.

Legal reference

S172-174 Housing (Scotland) Act 2006. Amended May 2105