Whose agreement do we need?

As always, check your title deeds to see what applies to your building.  If there is nothing, or it is unworkable, then act as below.

Decisions about maintenance are made by a simple MAJORITY decision (one vote per flat).

Decisions about improvements need ALL owners to agree.

These are the decisions about repairs and maintenance that are normally made by majority vote:

  • carrying out maintenance
  • what needs to be done
  • organising surveys
  • appointing contractors
  • running a maintenance account
  • installing door entry systems
  • installing insulation
  • excusing an owner’s share
  • authorising repairs already carried out (eg emergency repairs)
  • changing previous decisions.

Once you’ve got an agreement to go ahead with repairs, there will be further decisions to be made such as to which contractors to use, how to manage the contract or how much each owner needs to pay into the maintenance account to pay for repairs. These decisions are also made by majority vote.

If you cannot get agreement to essential repairs necessary to provide support and shelter to your building, consider using the Duty to Maintain and other ways of enforcing repairs.

Further Action

Once you have made some progress with agreeing to repairs, you should protect your position using a Notice of Potential Liability for Repairs.

Legal reference

Making decisions about works Tenements (Scotland) Act 2004.
Tenement Management Scheme, Rules 2 and 3 

What are improvements? Tenements (Scotland) Act 2004.

Tenement Management Scheme, Rule 1.5 
s69 of Climate Change (Scotland) Act 2009