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Last Updated: Thursday, 3 June, 2004, 05:27 GMT 06:27 UK
Bill could ease tenement repairs
An Edinburgh tenement
The bill proposes new rules for flats and tenements
A new property bill could put an end to arguments over repair bills at thousands of tenements, it is claimed.

The Scottish Executive says that the Tenements Bill, which will be debated on Thursday, would make it easier to repair the country's 800,000 flats.

Ministers argue that home owners should have the power to maintain properties without any interference.

At present, repairs can only be carried out if the full consent of neighbours is granted - leaving them open to veto.

Management scheme

The key changes the bill seeks to introduce include a mandatory management scheme to set out the basic framework for maintenance of every tenement.

This means if title deeds do not specify how the cost of maintenance is to be divided, a tenement management scheme will apportion the costs between the owners.

It also contains relevant rules on a number of other aspects of tenement management, including ensuring emergency access for repair work and compulsory insurance.

The bill will ensure a fairer deal for home owners in enabling them to carry out repairs and maintenance with majority consent
Mary Mulligan
Deputy minister for communities

Deputy minister for communities Mary Mulligan said: "The Tenements Bill will modernise a system of property law which is outdated and old-fashioned, and replace it with one which is modern, clear and just.

"At the moment, all owners in a tenement must agree before repairs can be carried out, unless their title deeds say otherwise.

"This means a minority who refuse to co-operate can scupper vital maintenance work.

"The bill will ensure a fairer deal for home owners in enabling them to carry out repairs and maintenance with majority consent.

"Everyone will then be liable for repair bills, ending frustration and delay and ensuring common areas are in a good condition.

The bill has been applauded by local authorities group Cosla, which said the legislation is "based on common sense".

Housing spokesman Councillor Douglas Reid said: "We particularly support the legal framework for the management of tenements, which encourages owners to have an effective role in property maintenance.

"We hope the bill introduces a clear and effective system, leading to well-maintained homes and easier agreement between owners in tenements."


SEE ALSO:
Concern over property repair bill
27 May 04  |  Scotland
Bill to improve tenements' lot
02 Feb 04  |  Scotland
Warning over crumbling tenements
12 Jan 04  |  Scotland
Legal action over masonry death
24 Sep 03  |  Scotland
Death blamed on shoddy work
25 Feb 02  |  Scotland


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