If you own or are renovating a flat in a Glasgow tenement, you share responsibility for the building’s common parts with your neighbours — and the rules for how that works come from the Tenements (Scotland) Act 2004. Understanding them before you start a project saves a lot of friction, especially when your work touches a shared wall, the roof or communal drainage. This is a plain-English overview, not legal advice — always check your title deeds and take proper advice for your situation.
What counts as “scheme property” (the common parts)
The Act uses the term scheme property for the parts of a tenement that owners are expected to maintain together. It typically includes the foundations, external walls, mutual gables and mutual (separating) walls, and the roof — including the rafters and supporting structure — plus the common close and stairs. Your own flat’s interior is yours; these shared elements are the collective responsibility of the owners who use or rely on them.
The Tenement Management Scheme
The Tenement Management Scheme (TMS), set out in Schedule 1 of the 2004 Act, is a default set of rules for managing and maintaining a tenement. Crucially, it only applies where your title deeds are silent or contradictory on a particular point — if the deeds set out a clear process, you follow that. Because tenements make up over a quarter of Scotland’s housing, the TMS exists to give every building a workable framework where the deeds fall short.
How decisions are made
Under the TMS, decisions about maintaining common parts — called scheme decisions — are made by majority vote (more than 50%), with one vote per flat. That means a single owner can’t veto an essential repair, which was a common problem under the old common law. To make a decision properly you generally give all owners notice of a meeting (at least 48 hours, though more is sensible), and the outcome should be notified to everyone. Scheme decisions are binding and enforceable through the courts.
One important distinction: maintenance (repairs, replacements, cleaning, painting) can be agreed by majority, but improvements that go beyond maintenance generally need the agreement of all owners.
How costs are shared
By default, owners pay an equal share of maintenance and repair costs — unless one of these applies:
- If the largest flat is more than 1.5 times the floor area of the smallest, costs are split by floor area instead, so the larger flat pays more.
- If the work involves a part used by only some owners, only those owners pay for it.
Again, the title deeds take precedence — these are the default rules where the deeds don’t specify a split.
Notice, appeals and the duty of support
The Act builds in protections. An owner who didn’t vote for a decision but would be liable for a large share of the cost has a short window to challenge it (owners facing at least 75% of the cost can move to annul a decision within 21 days), so it’s wise to allow that time before committing to the work. Separately, every owner has a duty to maintain support and shelter — the structural parts that hold up and protect the rest of the building — and where neighbours can’t be assembled, a single owner can carry out essential support-and-shelter work and recover a fair share of the cost from the others.
Property factors
Many Glasgow tenements are managed by a property factor, who arranges common repairs and maintenance, collects each owner’s share and deals with contractors. Factors in Scotland are regulated: they must be registered, follow a statutory Code of Conduct, and disputes can be taken to the First-tier Tribunal. A good factor makes shared repairs far smoother; if you don’t have one, owners “self-factor” and organise the work between themselves.
Buying, selling and ongoing liability
Liability for common repairs doesn’t simply vanish when a flat changes hands. Under the Act, an owner can remain liable for costs already incurred even after selling, and a notice of potential liability for costs can be registered against a flat to flag outstanding shared works. If you’re buying or selling a tenement flat, your solicitor should check for any outstanding or pending common-repair liabilities.
Where this meets your renovation
Common-repair rules matter for renovation because so much tenement work touches shared elements. Altering a mutual wall, anything affecting the roof or structure, or changes to communal drainage can involve your neighbours, the factor, and sometimes a building warrant. Our guide to tenement plumbing covers the shared soil-stack issues in detail. When we plan a tenement renovation, we flag anything that strays into common property early, so you can handle the consent and cost-sharing side before work starts.
For free, in-depth guidance on tenement maintenance and the law, the charity Under One Roof (underoneroof.scot) is an excellent resource. And if you’re planning work and want a contractor who understands these buildings, get in touch for a free, no-obligation quote.
Frequently asked questions
Owners are collectively responsible for the common parts — known as “scheme property” — which typically includes the roof, foundations, external and mutual walls, and the common close and stairs. Your title deeds set the rules; where they are silent or conflicting, the Tenement Management Scheme in the Tenements (Scotland) Act 2004 applies.
It is a default set of statutory rules (Schedule 1 of the Tenements (Scotland) Act 2004) that lets owners make “scheme decisions” about maintaining common parts by majority vote when the title deeds do not say how. It only fills the gaps — if your deeds set out a process, you follow that instead.
No. Maintenance decisions are made by majority vote — more than 50%, with one vote per flat — so a single neighbour cannot block essential repairs. Improvements that go beyond maintenance generally need the agreement of all owners, which is a key distinction.
Equally between the flats by default, unless the largest flat is more than 1.5 times the floor area of the smallest — in which case costs are split according to floor area. Work that only serves some flats is paid for only by those owners.
A factor manages the common repairs and maintenance on the owners’ behalf — arranging works, collecting each owner’s share and dealing with contractors. Factors in Scotland are regulated and must follow a statutory Code of Conduct, with disputes going to the First-tier Tribunal.
You can be. Under the Act you do not automatically stop being liable for costs already incurred once you sell, and a “notice of potential liability for costs” can be registered against a flat. Buyers and sellers should always check for outstanding common-repair liabilities during conveyancing.