What is a Deed of Conditions in Scotland?
A Deed of Conditions is a legal document, usually part of your title deeds, that sets out the rules for maintaining, managing, and paying for shared areas in a building or development. It applies to all current and future owners of the properties included.
Who pays for roof repairs in a Scottish tenement?
In most cases, all homeowners in the building share the cost of roof repairs. The Deed of Conditions or, if it’s unclear, the Tenement Management Scheme under the Tenements (Scotland) Act 2004 will set out how costs are divided.
Can I change or remove a Deed of Conditions?
Yes, but changes usually require agreement from a majority of affected homeowners and, in some cases, an application to the Lands Tribunal for Scotland. The process is governed by the Title Conditions (Scotland) Act 2003.
What happens if a neighbour won’t pay their share?
If an owner refuses to pay their share of communal costs, the property factor can pursue the debt on behalf of the other owners. Ultimately, unpaid charges can be recovered through the courts.
Find out more about Deeds of Conditions, and what they mean for homeowners read our blog article.