Two property related organisations, Under One Roof and Built Environment Forum Scotland (BEFS), demand that the government makes it obligatory for owners in a tenement to form an owners association.
This has been left to individual owners in the past to create their own voluntary bodies, although provision has been made in relation to many newer properties.
The two bodies are calling on The Scottish Government to act quickly to enact legislation in this regard following the release of the Scottish Law Commission’s Report on Tenement law: compulsory owners’ association.
Under One Roof and BEFS have welcomed the report, commissioned by The Scottish Government, as an essential step forward in improving the condition of tenement buildings. In Scotland around 37% of housing is made up of tenements, and the property bodies say many are in a significant state of disrepair.
Owners’ associations, which currently exist in some tenement buildings as voluntary bodies with no legal standing, are an essential way of organising communication among flat owners. This is then used to organise repairs in common areas of their building, such as the stair and the roof.
The report and the draft legislation which is proposed by the Law Commission, would 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 calls for the creation of a bespoke form of 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 of Under One Roof, 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 (6).”
Hazel Johnson, Director of BEFS, said: “Tenement maintenance is a pressing issue across Scotland. The connection between Net Zero goals and building condition is indisputable; regular maintenance, repair and wider focus on improving the fabric of homes including tenements, so they are more able to transition to clean heat, is crucial. Without this starting point, actions will not result in the energy reductions expected, failing to improve building performance, negatively impacting on occupant health, and failing to meet fuel poverty aims.
“It is within this context that we call for joined up action for tenements in Scotland. Well maintained tenements can deliver for Scotland’s housing needs, net zero, economy, wellbeing, and more – for many years to come. The establishment of owners’ associations is an important milestone on this journey.”
