Scottish Government

Guidance on the Tenements (Scotland) Act 2004 and the Title Conditions (Scotland) Act 2003 for Housing Professionals

ISBN 0 7559 4440 2

This document is also available in pdf format (437k)

Contents

Introduction
• Who this guidance is for
• How the guidance is structured

Chapter 1 - Principles behind the Tenements Act
• Title deeds and the management of the tenement
• Management by title deeds
• The Tenement Management Scheme
• The Development Management Scheme
• Responsibilities of flat owners

Chapter 2 - Ownership of a tenement
• Boundaries of flats
• Common parts

Chapter 3 - What happens if the title deeds are incomplete or unworkable?
• Changing title deeds

Chapter 4 - References to rateable value and feu duty

Chapter 5 - Resolution of disputes
• Pursuit of payment
• Right of minority to appeal (section 5)
• Alternative dispute resolution
• Arbitration

Chapter 6 - Common interest: Obligations in relation to parts of the tenement which provide support and shelter

Chapter 7 - What happens when one of the flats is sold in the middle of repairs
• Completing the forms

Chapter 8 - Contacting absentee owners

Chapter 9 - Access for repairs, etc and installation of service pipes
• Access for repairs, etc
• Installation of service pipes

Chapter 10 - Insurance

Chapter 11 - Property managers and factors

Chapter 12 - Owners' associations

Chapter 13 - Registration and title deeds
• Land Registration and Land Certificates
• Title deeds

Chapter 14 - Demolition and abandonment of tenement buildings

Chapter 15 - The Tenement Management Scheme
• Rule 1 - Scope and interpretation
• Rule 2 - Procedure for making decisions
• Rule 3 - Matters on which scheme decisions may be made
• Rule 4 - Scheme costs: liability and apportionment
• Rule 5 - Redistribution of share of costs
• Rule 6 - Procedural irregularities
• Rule 7 - Emergency work
• Rule 8 - Enforcement
• Rule 9 - Giving of notice