Repairs for which a single owner is responsible are called ‘individual repairs’. These are generally the inside of the flat, doors to individual flats, and windows.

Repairs for which a single owner is responsible can be conveniently called ‘individual repairs’.  These are generally the inside of the flat, doors to individual flats, and windows.

The title deeds can set out the rules for individual responsibilities, but if they do not, the default rules Tenements (Scotland) Act 2004 says that the following parts are the responsibility of the individual owner that the part serves:

  • internal walls (if not loadbearing)
  • the inner face of external and close walls, including the laths or timber frames that hold the plaster or plasterboard (the stonework that forms the loadbearing structure is usually a common part)
  • doors, windows, skylights, and vents that serve only one flat
  • any extension that serves only one flat
  • any chimney or chimney flue that serves only one flat
  • services (water supply, drainage, electricity, etc.) from the point where they leave the common services
  • front gardens are normally the responsibility of the ground floor flat owner

As always, check what your own title deeds say.

Note: the inner side of the wall is generally taken to be the laths or timber frame holding the plaster or plasterboard. The loadbearing brick or stone part of the wall, or the loadbearing timber kit structure, is usually a common responsibility.

Even though a repair is the responsibility of one owner, they still have a Duty to Maintain any parts of the building that provide support and shelter so as to safeguard other flats or common areas in their building.

Legal reference
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