Library · Act of Parliament
Tenements (Scotland) Act 2004
Scotland: the default rules for managing and maintaining shared parts of a tenement, where the title deeds are silent.
What it does
The Act provides the Tenement Management Scheme, which fills gaps in title deeds about how owners make decisions on maintenance and share costs.
Key points
- Majority decisions: owners can decide on maintenance by majority (one vote per flat) under the Scheme.
- Cost sharing: maintenance costs for scheme property are usually shared equally, unless a flat is much larger.
- Emergency work: any owner can instruct emergency work and recover a share of the cost.
- Insurance: every owner must insure their flat for its reinstatement value, including their share of the common parts.
- Selling: a new owner can be liable for unpaid maintenance costs of the previous owner, so notices of potential liability matter.
Status
In force in Scotland.
Read the official text at legislation.gov.uk
Crown copyright, reused under the Open Government Licence v3.0. Summary by Freeholdpilot, checked 1 November 2026. This is legal information about the law in Scotland, not legal advice for your building. For advice, speak to a solicitor.