You need formal agreement from your co-owners at specific points in commissioning a repair. But, it is also good practice to keep everyone posted of progress throughout the repair process. Discussing required repairs not only allows your co-owners to feel you are listening to their concerns, but also gives them time to make their financial plans.
Our article on contacting owners will help you to find and make contact with your co-owners.
Our articles on reaching decisions will guide you in how you should be reaching decisions in your property.
You may have difficulty in getting co-owners pay their share of costs if you do not follow correct procedures.
To make sure you are following the correct procedure, you can try using the Novoville app. It has been designed in collaboration with local authorities and takes you on a structured journey through to completing your common repair. This includes organising your block, procuring quotes, and opening shared banking facilities digitally.
When you need owners’ agreement
These are the stages in commissioning a repair at which you will need to contact your co-owners, either just to give information or to get a formal agreement.
Shortlisting contractors:
Input required from co-owners: informal agreement
Getting quotes:
Input required from co-owners: informal agreement
Accepting quotes:
Input required from other co-owners: formal agreement (see download letter)
Work on-site:
Input required from co-owners: may need informal agreement
Advance payments:
Input required from other co-owners: formal agreement
Enforcing repairs:
Input required from co-owners: may need formal agreement
Taking legal action against builders:
Input required from co-owners: formal agreement
Taking legal action against non-paying owners
Input required from other co-owners: formal agreement
Informing owners of repairs
Once a majority of owners have agreed to repair works, you must notify all owners with the required information:
- The maintenance work to be carried out.
- The timetable for carrying out the work, including proposed start and finish dates.
- The date of any requirement or agreement to carry out the maintenance, with the names of those agreeing.
- The estimated cost of the work.
- Why the estimate is considered reasonable (i.e. you’ve obtained competitive quotes).
- All owners share of the costs.
- How that share was arrived at.
- The location and number of the maintenance account.
- The date by which the owners should deposit their share in the maintenance account.
A letter or email sent covering all these points will meet the requirements of both the Tenements (Scotland Act) 2004 and the Housing (Scotland) Act 2006. If you need to enforce repairs or plan to ask the council for Missing Shares, you must have sent a letter covering these points.
If you are planning to carry out necessary works under the Duty to Maintain, it is recommended that you notify the other owners of your intention to do so (although there is no obligation on you to do so).
The Novoville app allows you to download letters pre-filled with the correct information regarding your tenement. You can also download Under One Roof’s template (see below).
