Some rules apply to all flatted buildings, regardless of what the titles say.
The rules that apply to every flat are:
- a requirement to have common building insurance
- the Duty to Maintain parts of the building that provide support and shelter
- owners should not interfere with parts of the building that give support or shelter
- what happens where flats are in joint ownership
- dispute resolution
- what happens to repairs in progress when a flat is sold
These rules are set out in the Tenements (Scotland) Act 2004.
The Tenements Act also set out other rules which apply only if title deeds are inadequate. These rules concern:
- what is common property
- who pays for work
- what is maintenance
- majority voting
- how decisions are made (e.g. one vote per flat, how meetings are arranged, and votes held)
- setting up a maintenance account to pay for repairs
- access to allow work to take place
