Flat HandbooksEngland · Wales · Scotland · Northern Ireland · Ireland
Home / Your area / Scotland

Scotland, in plain English

Scotland has no leasehold flats. You own your flat outright, and you share ownership and upkeep of the common parts, such as the roof, stair and close, with your neighbours under your title deeds and the Tenements (Scotland) Act 2004.

Title deeds first, then the Scheme

Your title deeds may say who owns and pays for each part of the building and how decisions are made. Where they don't, or where they're incomplete, the Tenement Management Scheme in the Tenements (Scotland) Act 2004 fills the gaps. Under the Scheme, owners make decisions by majority, with one vote per flat.

Sharing the cost of repairs

Under the Scheme, the cost of maintaining a part that owners own in common is shared in the same proportions as they own it. For the other parts the Scheme covers, the cost is shared equally between the flats, unless the largest flat is more than one and a half times the floor area of the smallest, in which case it is shared by floor area. Your title deeds can say something different, and where they do, they usually take priority.

Property factors

Many buildings have a property factor who arranges repairs and insurance. Factors must be registered and follow a statutory Code of Conduct under the Property Factors (Scotland) Act 2011. If you have a complaint, raise it with the factor in writing first; if it isn't resolved, you can apply to the Housing and Property Chamber of the First-tier Tribunal for Scotland.

There is no Section 20 in Scotland. When a factor or a neighbour proposes a big repair, ask for the quotes, the scope and how the share for each flat has been worked out, and check it against your title deeds. The quote check works for Scottish quotes too.
General information only, current to September 2026. Ask a Scottish solicitor about your own title deeds.
The books

The Flat Owner's Handbooks

Cover of Before You Sign.
Book 3 · Buying a flat or home in the UK

Before You Sign.

What to check before you buy: lease length, ground rent, service charges, the building and cladding, leasehold, freehold and new builds.

Find it on Amazon
Cover of Your Tenement.
Book 4 · For flat owners in Scotland

Your Tenement.

Factors, common repairs and your share: the title deeds, the Tenement Management Scheme and the tribunal.

Find it on Amazon