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 Tenements (Scotland) Act 2004 says that individual responsibilities are:

  • internal walls (if not loadbearing)
  • the inner side of external and close walls (the outer side is generally a communal responsibility)
  • doorswindowsskylights, 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, do check what your own title deeds say.

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

Even though a repair is the responsibility of one owner, they still have a Duty to Maintain to safeguard other flats or common areas in their building.

Legal reference

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