Access to your flat

There are a number of defined occasions when you must allow access to your flat to allow communal repairs and associated works.

You must give access to your flat in order to allow:

  • maintenance
  • maintenance surveys
  • checks to be made about whether you have kept to your responsibilities (e.g not to interfere with the structure of the property)
  • measuring the floor area to work out share of costs
  • tenants may be obliged by their landlord to allow access

You should be given reasonable notice (reasonable is not legally defined but can vary according to owners circumstances).  If the work is an emergency, you do not need to be given “reasonable” notice.

If you refuse access, other owners can apply through the Sheriff Court.

If any damage is caused while access is allowed, then all owners in the tenement are obliged to pay their share of the cost of putting damage right. So if a top flat is damaged by roof repair work, the cost of reinstating decoration should be paid for by all owners, not just the top flat owner.

Legal reference 

Tenements (Scotland) Act 2004. Section 17)