Under One Roof is calling on the Scottish Government to act quickly to enact legislation on compulsory owners’ associations, following the release of the Scottish Law Commission’s Report on Tenement law: compulsory owners’ association.
We have welcomed the report, commissioned by the Scottish Government, as a crucial step forwards in improving the condition of tenement buildings, which make up around 37% of all housing stock in Scotland and are in a significant state of disrepair.
Owners’ associations, which currently exist in some tenement buildings as voluntary bodies with no legal standing, are critical to ensuring flat owners have the communication, structures, and processes in place to organise repairs in common areas of their building, such as the stair and roof.
The report and draft legislation, proposed by the Law Commission, would in effect create an owners’ association in every tenement building, and place a duty on owners:
- to appoint a manager for the association,
- hold at least one annual meeting,
- approve a repair budget,
- ensure building information is provided to property registers.
The report also calls for the creation of a bespoke form on tenement incorporation, which would allow owners to sign repair contracts on behalf of the association, rather than placing liability on one or two owners, as currently exists.
Mike Heffron, Chief Executive, said:
“The condition of Scotland’s tenements is a ticking timebomb. This year, as is the case every year in Scotland, there are far too many examples of stonework crashing to the streets from crumbling tenements, or flat owners being displaced due to unstable buildings.
“The introduction of owners’ associations in every building is not a silver bullet for fixing Scotland’s tenement stock; it’s a starting gun. The legislation will make it easier for owners of tenement flats to begin overdue conversations, look closely at what needs to be done and how quickly, and start long overdue repair, maintenance, and retrofit works.
“Political parties and the Scottish Government must work quickly to ensure legislation making owners’ associations in every tenement becomes a reality, as well as move quickly to ensure buildings are inspected every five years, and every tenement in Scotland has a building reserve fund.”
