Update on Proposed Changes to Tenement Law
The Scottish Law Commission (SLC) has published its report on Compulsory Owners’ Associations, along with a draft Tenements (Amendment) (Scotland) Bill.
Notice
These proposals outline how the Scottish Government could introduce mandatory owners’ associations for tenement buildings across Scotland.
Key Recommendations
The SLC proposes that:
- Owners’ associations become mandatory for all tenements (except those already under the Development Management Scheme).
- Associations would be legal bodies, with flat owners as members.
- They would manage and fund the maintenance of all common parts.
- A set of standard association rules would apply, with a 20 year transition period for existing burdens.
- Each association must:
- Appoint a manager
- Hold an AGM
- Approve an annual maintenance budget
- Register key building information
- If owners fail to appoint a manager, the First tier Tribunal could appoint one.
- Stronger enforcement tools would be available to recover unpaid maintenance costs.
What’s Next?
The Scottish Government will now consider whether to move forward with legislation.
Yorkhill Housing Association will continue to follow developments closely and keep owners updated on any changes that could affect your building.
The full report can be viewed here.