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1. www.harpermacleod.co.uk › insights › what-happensWhat happens when neighbours refuse to contribute to the cost ...

   www.harpermacleod.co.uk › insights › what-happens

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   Nov 4, 2020 · If you live in a tenement building and the titles are silent on common property repairs, the Tenement Management Scheme (the “TMS”), which is set out in Schedule 1 of the Act, may assist. The TMS defines what the common parts of a tenement are, how you can vote on the work to be done and the allocation of costs for works.

   • Author: Collette Miller

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3. www.gov.scot › binaries › contentCommon Repair, Common Sense - The Scottish Government

   www.gov.scot › binaries › content

   While you are solely responsible for the upkeep of your own flat or house, parts of the tenement building or estate are normally the joint responsibility of all the owners whose title deeds say they have a right of common property. In a tenement this will typically include parts such as the common stairs or lifts.

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4. www.gov.scot › binaries › contentCommon Repair, Common Sense - The Scottish Government

   www.gov.scot › binaries › content

   any part of the tenement that your title deeds say is the common property of two or more owners, for example, the close or stair; any other parts of the tenement that your title deeds say must be maintained by two or more owners, for example, the gutters and downpipes.

5. shepwedd.com › knowledge › guidance-management-andGuidance on Management and Maintenance of Common Property

   shepwedd.com › knowledge › guidance-management-and

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   Dec 22, 2005 · The Guide – entitled Management and Maintenance of Common Property – contains practical help on interpreting the new law, providing detail of the principles behind the Tenements (Scotland) Act in relation to management and maintenance, ownership of flats and common parts and how the new law applies in cases where the titles are incomplete or

6. www.legislation.gov.uk › asp › 2004TENEMENTS (SCOTLAND) ACT 2004 - Legislation.gov.uk

   www.legislation.gov.uk › asp › 2004

   close or a lift (where the lift allows access to more than one flat) will have a right of common property in the close and lift. Both “close” and “lift” are defined in section 29(1) .

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7. www.legislation.gov.uk › asp › 2004Tenements (Scotland) Act 2004 (asp 11) - Explanatory Notes

   www.legislation.gov.uk › asp › 2004

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   Oct 22, 2004 · Where two or more flats are served by a part, a right of common property in that part will attach as a pertinent to those flats. The shares of common property amongst those owners whose...

8. People also ask

   What part of a tenement is a common property?

   • any part of the tenement that the title deeds say is the common property of two or more owners, or that must be maintained by two or more owners (provided that the deeds of the different flats are consistent). 7.5 Parts of a tenement that are the responsibility of individual owners include: any extension that serves only one flat.

   7. Common parts of flats and tenements - Repairing Standard: statutory

   www.gov.scot/publications/repairing-standard-statutory-guidance-private-landlords/pages/8/

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   What are common parts of a tenement?

   • The statutory definition is any building with two or more separate flats which are divided from each other horizontally. 7.4 Parts of a tenement that are the shared responsibility of all owners, are referred to as “common parts” or “scheme property”. This includes:

   7. Common parts of flats and tenements - Repairing Standard: statutory

   www.gov.scot/publications/repairing-standard-statutory-guidance-private-landlords/pages/8/

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   What is'scheme property' in a tenement?

   • The principle of ‘scheme property’ is that some parts of the tenement, such as the main structural parts, are so vital that their maintenance should be the responsibility of all owners who have common property rights in those parts.

   Common Repair, Common Sense - The Scottish Government

   www.gov.scot/binaries/content/documents/govscot/publications/advice-and-guidance/2013/03/common-repair-common-sense-guide-to-managing-tenements/documents/common-repair-common-sense-short-guide-management-tenements-scotland-pdf/common-repair-common-sense-short-guide-management-tenements-scotland-pdf/govscot:document/Common+Repair%2C+Common+Sense+-+a+short+guide+to+the+management+of+tenements+in+Scotland.pdf

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   Do tenement flats have a 'common interest'?

   • do anything that would interfere with the natural light in any part of the building. If you own a tenement flat, you are also responsible for maintaining those parts in which you have a ‘common interest’. These include the parts that provide support and shelter for the building as a whole, such as the external walls and normally the roof.

   Common Repair, Common Sense - The Scottish Government

   www.gov.scot/binaries/content/documents/govscot/publications/advice-and-guidance/2013/03/common-repair-common-sense-guide-to-managing-tenements/documents/common-repair-common-sense-short-guide-management-tenements-scotland-pdf/common-repair-common-sense-short-guide-management-tenements-scotland-pdf/govscot:document/Common+Repair%2C+Common+Sense+-+a+short+guide+to+the+management+of+tenements+in+Scotland.pdf

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   What if a tenement is owned in common?

   • In other words, where a part of a tenement is owned in common any owner will be able to carry out such work without the consent of the other owners. 55. This section deals with the negative obligation to refrain from any alterations or work which might interfere with the support and shelter of the building.

   TENEMENTS (SCOTLAND) ACT 2004 - Legislation.gov.uk

   www.legislation.gov.uk/asp/2004/11/pdfs/aspen_20040011_en.pdf

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   What if a tenement serves one flat?

   • Where a part of a tenement serves one flat, under subsection (4) (a), it will be a pertinent of that flat only. Where two or more flats are served by a part, a right of common property in that part will attach as a pertinent to those flats.

   Tenements (Scotland) Act 2004 (asp 11) - Explanatory Notes

   www.legislation.gov.uk/asp/2004/11/notes/division/4/1/data.xht?view=snippet&wrap=true

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9. www.gov.scot › publications › repairing-standard7. Common parts of flats and tenements - Repairing Standard ...

   www.gov.scot › publications › repairing-standard

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   Jan 31, 2024 · 7.4 Parts of a tenement that are the shared responsibility of all owners, are referred to as “common parts” or “scheme property”. This includes: the ground on which the tenement is built, the foundations, the external walls, the roof, including the rafters and any structure supporting the roof,