Tenement Roof Repairs in Scotland

Plenty of flat owners assume the top-floor flat pays for the roof. Usually, the roof is everyone’s problem, and everyone shares the bill.

The assumption comes from the boundaries. The top flat normally includes the roof above it, but for repairs the roof is usually treated as shared. The harder part is getting five or six owners to agree on the work, the price and who organises it. We’re GRR-Roofing, a Greenock team that repairs roofs across Inverclyde and Renfrewshire, including shared buildings. This guide covers who normally pays, and how to get a shared roof repair done without it turning into a fight.

This is general information, not legal advice. Your title deeds decide the details, so check them or speak to a solicitor before you commit to anything.

The short answer

• Your title deeds come first. They normally say who maintains the roof and how the cost is split.
• If the deeds are silent, unclear or contradict each other, the Tenement Management Scheme fills the gaps. It comes from the Tenements (Scotland) Act 2004.
• Under the scheme, the roof is treated as shared for repairs. Each flat gets one vote, and a decision needs a majority of all the votes.
• The cost is split equally, unless the largest flat is more than one and a half times the floor area of the smallest. In that case it’s split by floor area.

Step 1: Check your title deeds

Your deeds list your responsibilities for the roof, the stair and other shared parts. They may also say how decisions are made and how costs are divided.

Your solicitor or mortgage lender may hold a copy. If your flat is on the Land Register, you can also order a copy from Registers of Scotland for a small fee. Older deeds can be vague or silent on roofs, which is common.

Step 2: Use the Tenement Management Scheme if the deeds don’t cover it

The scheme is a default set of rules. It applies where the deeds have gaps, and it works whether or not you have a property factor.

The roof, the rafters and the structure supporting it count as shared property. That’s why the roof is usually not just the top flat’s problem. For a decision about the roof, every flat gets a vote. A decision needs a majority of all the votes, so a flat that doesn’t vote doesn’t count as a yes.

A few parts aren’t covered by the scheme’s default list of shared property. Chimney stacks and flues, and any window, skylight or extension that serves only one flat, depend on your deeds. Check them before you assume the cost is shared.

If you own a flat that’s empty, you still share the cost of common repairs.

Step 3: Get the roof inspected and a clear written quote

Neighbours find it much easier to agree to something specific. The owners can vote to arrange an inspection of the roof to see what work it needs. A roofer can inspect it, take dated photos of the problems and give you one written quote that sets out the work and the price.

A clear quote turns “I think there’s a leak” into something everyone can look at. Share it with every owner, along with the photos. We can do this for tenements in Renfrew, Paisley, Port Glasgow, Greenock and the surrounding areas, and our Renfrew page covers shared buildings there.

Step 4: Agree it with your neighbours

There are two ways to get a decision. You can call a meeting, which needs at least 48 hours’ notice of the date, time, place and purpose. Or you can consult each of the other owners and count the votes. Either way, tell every owner the outcome as soon as you can, including owners who rent their flat out and live elsewhere. Notices can go by post, hand delivery or email.

If the owners who didn’t vote for the work would pay 75% or more of the cost between them, they can cancel the decision within 21 days. That can happen where one large flat carries a big share.

Keep a record of who agreed, and when. A short email trail is enough.

Step 5: Share the cost and arrange the work

Once the owners have agreed, someone needs to organise the job. That might be a property factor or one owner who volunteers. Everyone pays their share as set by the deeds or the scheme. Under the scheme that’s an equal share, unless the one and a half times floor area rule applies.

When a repair isn’t enough

If the roof has failed more than once, or most of it is worn out, repeated patching costs the owners more. A full replacement shared between the flats can be better value than a string of repairs. We’ll tell you honestly which you need. See our roof repairs and new roofs pages.

Official guidance

• Tenement Management Scheme and repairs (mygov.scot)
• The Tenement Management Scheme in full (legislation.gov.uk)
• Using the tenement management scheme (Shelter Scotland)
• Under One Roof

What customers say

Owners tell us the same thing: they want a fair price and someone who keeps them informed.