Responsibility & The Law

While you are solely responsible for the upkeep of your own flat or house, parts of the tenement building or estate are normally the joint responsibility of all the owners whose title deeds say they have a right of common property. In a tenement this will typically include parts such as the common stairs or lifts .

Individual Property

Anything serving only one flat, including the door from the stair, its windows and the inside of walls, floors and ceilings to the halfway point with the next property. You are solely responsible for all repairs and maintenance to your own flat.

Mutual Property

Some title deeds will identify which parts are the property of only those who have use of them, for example the stairs, stair window, drainpipes serving flats on one side of the building. Repairs to mutual parts of the building should be paid for equally by all who use that part – unless your title deeds say otherwise .

Common ‘Scheme’ Property

Common property is considered to be parts of the building where maintenance is paid for by all owners. Unless titles deeds say otherwise.

• The ground on which your tenement is built

• Foundations

• External walls

• Roof, including the rafters and any structure supporting the roof

• The part of a gable wall that is part of the tenement building

• Solum

• Any wall, beam or column that is load-bearing

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