Mutual Repairs

Some parts of the building are shared between some but not all owners. Typically, these are parts of the building that only some owners use - the owners that don't have use of these parts don't have responsibility for their repair. These are generally called "mutual responsibility" elements.

Common repairs are those for which all owners are responsible.  Mutual repairs are those which are shared between just some of the owners - normally those that have use of that part of the building.

You must always check your Title Deeds but typically included as "mutual responsibility" are:

  • Chimneys and chimney heads. These are the responsibility of all the flats that they serve.
  • Drainpipes which serve flats on one part of the building only.
  • The close and stairs. Some buildings contain flats or shops which have their own entrance. e.g. Main Door Flats.  Owners of these parts of the building may not be responsible for maintaining the stairs and entrance ways.  However, every flat in the building that has a door to the close or stair – even if it is not used – is almost always responsible for stair and close repairs.

You must check your Title Deeds to find out what applies to your own building.

Making Decisions About Mutual Repairs

Decisions about the parts of the building that are mutual should be made using the same procedures that apply to common elements.

Making Decisions

Mutual repairs between adjoining buildings

If your building is attached to another, then the responsibility for some parts, , typically gable walls and mutual chimneys, may be shared between the two buildings.  It's likely that a majority of owners in one building and a majority of owners in the neighbouring building will need to agree and the costs will be shared (probably equally) between the two sets of owners.