Whether repairs to dormer windows are individual or common depends on when they were built.
If dormer windows were built at the same time as the rest of the building, and there is no specific mention in your title deeds, the default rules within the Tenements (Scotland) Act 2004 treat the roof and sides as common (as they provide shelter to the tenement) and the windows as individual.
If the dormer windows were added later, and the titles do not offer any assistance, we suggest you treat the dormer as an individual responsibility on the basis that it forms an extension which serves only one flat which did not form part of the roof when originally constructed. Such an extension should have been consented to by all owners of the roof if the roof is owned in common.
When getting roof repair costs, you may find it difficult to get builders to give you a detailed breakdown of repair costs for individual dormers, so you may need to agree on the basis of a best guess of each individual’s share.
The issue of who is responsible for dormer repairs is a grey area in tenement law; it’s recommended to seek independent legal advice from a solicitor on matters relating to dormer repairs if there is a dispute among owners over whether it is a common or individual repair.
