Scotland's iconic tenements need to be maintained
Mandatory owners’ associations could be the solution, says Ben Wilson
Scotland’s traditional tenements are among the country’s most recognisable buildings, forming the backbone of communities from Glasgow and Edinburgh to Dundee and Aberdeen. Many are more than a century old and while admired for their character and architecture, they are increasingly demanding significant investment to keep them safe, weatherproof and fit for modern living.
Against that backdrop, the Scottish Law Commission’s proposals to introduce mandatory owners’ associations for tenements have sparked an important conversation about how these much-loved buildings should be managed and maintained in the future.
The proposals, which are currently being considered by the Scottish government following publication of a draft bill last year, aim to make it easier for homeowners to organise repairs, improve communication between neighbours and encourage a more proactive approach to maintaining shared buildings.
For many homeowners, the challenge isn’t recognising that repairs are needed; it’s agreeing how and when they should be carried out.
Over many years of advising homeowners and property buyers across Scotland, our team regularly see situations where essential repairs are delayed because owners struggle to reach agreement or simply cannot afford the costs involved.
The reality is that against the current macroeconomic backdrop, money is tight for many and not everyone has the funds to carry out these repairs. The result is often that relatively minor issues become far more expensive over time. A leaking roof, for example, may initially require a modest repair. But if work is delayed for several years while owners debate responsibility or funding, water ingress can cause much more extensive damage, with inflation only adding to the eventual repair bill.
While many modern developments are professionally factored, Scotland’s older tenements often rely on homeowners organising repairs themselves. One of the Scottish Law Commission’s key proposals is the creation of mandatory owners’ associations, providing each building with a formal structure for managing maintenance and decision-making.
In my view, this legislative change would ultimately be positive for tenement homeowners. You can appoint a property management company to manage day-to-day operations and have a statutory owners’ association, and this is beneficial because it helps to spot issues quicker before they become a costly problem. Otherwise, people can bury their heads in the sand.
The proposals also encourage reserve funds, helping owners prepare for major repairs before urgent work is needed. Professional management and reserve funds come at a cost and some homeowners may question whether additional financial commitments are affordable. However, the cost of doing nothing can often be far greater. Scotland's tenements are not only homes; they are an important part of the country's built heritage and it’s important we take steps to help ensure their preservation.
If I was in the position today of buying an apartment in a tenement, I would be reassured that there's a professional company involved in looking after it.
While there is still some way to go before the proposals become law, they represent an important opportunity to consider how Scotland protects one of its most valuable housing assets for future generations. If adopted, mandatory owners' associations may not solve every dispute between neighbours, but they could provide a clearer framework for maintaining the country’s ageing tenements before relatively small problems become much larger and much more expensive ones.
Ben Wilson is a Trainee Solicitor in the Residential Property team, Wright, Johnston & Mackenzie