Your responsibilities

You have a legal responsibility to maintain all the parts of your tenement that provide support and shelter. You may be required to pay for the maintenance of some parts of the tenement individually. Other parts may need to be maintained jointly with other owners being involved in both decision making and payment.

A tenement is - any building divided horizontally into two or more flats

Drawing of areas of tenementIndividual Responsibility
Anything serving only one flat. The owner is solely responsible for carrying out and paying for repairs.
Mutual Responsibility
Mutual property is anything used by two or more owners and should be paid for equally by all who use that part – unless your title deeds say otherwise.
‘Common’ (Scheme) Property
All the parts of the building where maintenance is paid for by all owners. Unless title deeds say otherwise.

Roof, Chimneys, Gutters & Flashings
Common responsibility? YES.
Exceptions: Chimneys may be mutual if they only serve part of the tenement.

Tenement drawingWalls, Foundations & Damp Proof Courses
Common responsibility? YES.

External walls from the half way point with the individual flat or close
Mutual responsibility: a gable wall shared with an adjacent building.
Exceptions. Very rare.

Common responsibility? Very rarely.
Mutual responsibility: Close windows.
Individual responsibility: Almost always. But you may still have a duty to maintain.

Doors to Individual Flats
Common responsibility? NO.
Exceptions. Very rare.

If demolition is required, all owners must pay their share of demolition too…

Close, Close Door, Paths & Bin Store
Common responsibility? NO.
Mutual responsibility? YES. 

In the case of the close, all owners who have access to the close are responsible for all of it i.e. the owners of any flat (or shop) with a door opening onto the close, even if they don’t use it.
Exceptions. Main door flats with no access to close.

Next: Tenement maintenance guide - You and your neighbours >