Under One Roof and Built Environment Forum Scotland (BEFS) are calling on the Scottish Government to act quickly to enact legislation on compulsory owners’ associations, following the release of the Scottish Law Commission’s Report on Tenement law: compulsory owners’ association.
Under One Roof and BEFS have welcomed the report, commissioned by the Scottish Government, as a crucial step forwards in improving the condition of tenement buildings, which make up around 37% of all housing stock in Scotland and are in a significant state of disrepair.
Owners’ associations, which currently exist in some tenement buildings as voluntary bodies with no legal standing, are critical to ensuring flat owners have the communication, structures, and processes in place to organise repairs in common areas of their building, such as the stair and roof.
The report and draft legislation, proposed by the Law Commission, would in effect create an owners’ association in every tenement building, and place a duty on owners:
- to appoint a manager for the association,
- hold at least one annual meeting;
- approve a repair budget,
- ensure building information is provided to property registers.
The report also calls for the creation of a bespoke form on tenement incorporation, which would allow owners to sign repair contracts on behalf of the association, rather than placing liability on one or two owners, as currently exists.
Mike Heffron, Chief Executive of Under One Roof, said: “The condition of Scotland’s tenements is a ticking timebomb.
“This year, as is the case every year in Scotland, there are far too many examples of stonework crashing to the streets from crumbling tenements, or flat owners being displaced due to unstable buildings.
“The introduction of owners’ associations in every building is not a silver bullet for fixing Scotland’s tenement stock; it’s a starting gun. The legislation will make it easier for owners of tenement flats to begin overdue conversations, look closely at what needs to be done and how quickly, and start long overdue repair, maintenance, and retrofit works.
“Political parties and the Scottish Government must work quickly to ensure legislation making owners’ associations in every tenement becomes a reality, as well as move quickly to ensure buildings are inspected every five years, and every tenement in Scotland has a building reserve fund.”
Hazel Johnson, Director of BEFS, said: “Tenement maintenance is a pressing issue across Scotland.
“The connection between Net Zero goals and building condition is indisputable; regular maintenance, repair and wider focus on improving the fabric of homes including tenements, so they are more able to transition to clean heat, is crucial.
“Without this starting point, actions will not result in the energy reductions expected, failing to improve building performance, negatively impacting on occupant health, and failing to meet fuel poverty aims.
“It is within this context that we call for joined up action for tenements in Scotland. Well maintained tenements can deliver for Scotland’s housing needs, net zero, economy, wellbeing, and more – for many years to come. The establishment of owners’ associations is an important milestone on this journey.”
Gillian Campbell, Director of Existing Homes Alliance said: “The publication of this report and draft Bill is a significant milestone on the road to improving the condition of Scotland’s tenements and ensuring flat owners are not left behind in the transition to clean heating and energy efficient homes.
“The proposed legislation is part of a much-needed framework that will help flat owners to work together to maintain their homes, making them more energy efficient and moving towards clean heating.
“The introduction of owners associations for flats has support across the Scottish Parliament and the next Scottish Government now has an opportunity to take this forward, helping to ensure that all flat owners can benefit from living in warm, healthy, affordable to heat homes, with clean heating systems.”
