All flat owners in a tenement building have a responsibility to maintain and manage the building. This includes their individual flat as well as the exterior and common parts of the building, such as the close and stairs, the roof, the external walls, and the foundations. Working out who is responsible for repairs to a tenement building depends on which part of the building needs repair.
As always, read your title deeds first to check the rules and responsibilities for your building, but under the Tenements (Scotland) Act 2004, the roof is considered a common part of a tenement building, which means that all owners are responsible for it. This includes those who own flats on the ground floor of the tenement, even though damages to the roof may not directly affect them. Equally, the owners of the top floor flats of a tenement building would be responsible for repairs to the foundations of the building.
Under the Tenements Act all owners have a responsibility for ensuring that the essential support and structure of the building are well-maintained. Additionally, under the Duty to Maintain, all owners have a responsibility to maintain the parts of the building that provide support and shelter.
Your title deeds may also confirm your share of a roof repair and the share that each owner needs to pay. However, if they don’t or they are unworkable, you must share costs according to the Tenements Act.
Check out this article for more information on sharing repair costs.