The classic Calton Hill view over New Town tenement roofs, with wildflowers in the foreground
Most of the tenement roofs visible from Calton Hill are shared property, with repair responsibility split under Scots law.

Who is responsible for repairing a shared tenement roof?

In a Scottish tenement, the roof is normally treated as a shared part of the building, and responsibility for its upkeep is generally split between the owners of the flats it covers, most often (though not always) in proportion to floor area, under the rules set out in the Tenements (Scotland) Act 2004. The Act’s default rules, known as the Tenement Management Scheme, apply automatically where a title deed does not set out its own arrangement.

Because every tenement’s title deeds can differ, and because the Tenements (Scotland) Act 2004’s default scheme only fills gaps where the titles are silent, the starting point for any shared roof repair is establishing exactly what your building’s title deeds say, and whether the statutory default scheme applies instead or alongside them.

The Tenement Management Scheme

Where title deeds do not make their own provision, the Tenement Management Scheme sets out default rules for maintenance decisions and cost sharing among the owners of a tenement, including for roof repairs. Under One Roof, a Scottish charity dedicated to shared repair advice for flat owners, publishes accessible guidance on how the scheme works in practice, and City of Edinburgh Council has produced its own step by step guide to organising shared repairs under the Act.

Getting agreement for a shared repair

A small slipped slate repair on a shared roof still needs to be instructed by, or on behalf of, the relevant owners, which in practice often means one owner or a factor coordinating quickly on a small job rather than convening a full owners’ meeting. Under One Roof and Shelter Scotland both publish practical guidance on organising and paying for shared repairs, including what to do when other owners are unresponsive.

Landlords and tenants in a shared tenement

Where a flat is let out, the roof forms part of a landlord’s repairing obligations to their tenant regardless of the shared ownership arrangement above. Our separate Landlord Guide covers what those obligations are, and what a tenant can do if a landlord does not act on a roof problem.

Email us photos of the roof and what floor it’s on, or how many levels up it is, and we’ll tell you what we need to give you a price.

Coordinating a small repair on a shared roof?

Email us photos of the roof and what floor it’s on, or how many levels up it is, and we’ll tell you what we need to give you a price.

Email us about your roof

Sources

  1. Tenements (Scotland) Act 2004, legislation.gov.uk
  2. Shelter Scotland: Repairs in communal areas
  3. Under One Roof, Scottish charity (OSCR SC050495)
  4. OSCR register entry: Under One Roof Scotland, SC050495
  5. mygov.scot: Tenement repairs and common area maintenance
  6. City of Edinburgh Council: Shared repairs and maintenance
  7. City of Edinburgh Council: Organising shared repairs using the Tenements (Scotland) Act 2004