Guidance for Owners

Having suitable information is vital for anyone owning property; it can help you understand what it means to be a responsible homeowner.

To help you navigate your way through the minefield of common property ownership, we have included links to the laws relating to the management of properties, and guides that provide information about the rights and responsibilities of owners.

The Property Factors (Scotland) Act 2011 aims to set minimum standards of practice for Factors (property and land managers) and to provide increased protection for homeowners who use the services of a property factor.

The Property Factors Code of Conduct was set up as part of the Property Factors (Scotland) Act 2011. The Code sets out the minimum standards that property factors must meet. It also describes the details that must be included in the written statement of services, setting out the terms and service delivery standards of the arrangement between the property factor and the homeowner.

The Property Factors Register was set up as part of the Property Factors (Scotland) Act 2011. The Register is compulsory for all Factors (Property Managers) whether they are private businesses, local authorities or housing associations operating in Scotland.
It is an offence to operate as a property factor without being registered.

You can search the Property Factors Register to find registered Factors (Property Mangers) or to find out who maintains a property or piece of land on behalf of homeowners.

Under One Roof is a new information website that has been launched to provide impartial advice on repairs and maintenance for flat owners in Scotland. The website is intended to help owners understand their rights and responsibilities to maintain and manage their building, as well as providing detailed technical advice to enable owners to spot problems with their buildings, check quotes from builders and understand what professionals are telling them.

The website has been designed for owners of all types of common property (traditional stone tenements, newly built apartment blocks, ex local authority tenements, four-in-a-blocks and converted houses) and their advisers (property managers, architects, surveyors, community organisations and advice workers).

The Common Repair, Common Sense booklet is a short guide to the management of tenements in Scotland. The guide tells you about your responsibilities and rights under the law, however, it does not give a full explanation of the law or tell you about the specific obligations that apply to your own property. That information can only be found in your title deeds. For guidance on your title deeds, ask your solicitor.

The Tenement (Scotland) Act 2004 is mainly a default law for the management and maintenance of tenements. It will only apply if your title deeds do not make arrangements or if they are defective in relation to the management and maintenance of the property.

Management and Maintenance of Common Property is a guidance document that has been produced by the Scottish Executive providing assistance and advice for owners of flats in tenements.

The First-tier Tribunal for Scotland (Housing and Property Chamber) helps resolve issues that arise between homeowners and property factors. A homeowner can apply for assistance in resolving a dispute with their property factor.

Please note that staff in the Tribunals Service cannot give you legal advice on your situation, although they can explain and help you to understand the Tribunal procedure.

Legal Advice relating to housing issues may be available from your solicitor, Shelter, Citizens Advice Scotland, or a University Law Clinic. Citizen’s Advice Scotland also provide advice relating to benefits, debt and money matters.

GCC Environmental Health Department can assist you with the following:

  • Water ingress;
  • Odours from commercial premises;
  • Drainage issues where there is a public health hazard;
  • Infestations of bed bugs or cockroaches;
  • Noise from commercial premise;
  • Fly-tipping;
  • Pest Control (mice, rats and wasps). Issues with rats and mice can be reported using the online form; and
  • Wasp nest removal can be reported by telephone on 0141 287 1059.

More information on their services can be found here.

Glasgow City Council have a wide range of services that are designed to help achieve their aim of creating a safer, cleaner, better Glasgow. You can report issues surrounding graffiti, dog fouling, littering, etc using the online form.

For more information on the services provided are available  here

The landlord register is a public register of all landlords in Scotland. You can search it to:

  • see if a landlord is registered;
  • find out who manages a property; and
  • check which local authority a property is registered in.

ScotLIS is the original, trusted source of land and property data for Scotland. You can use ScotLIS to check the boundaries around yours and your neighbours’ properties. You might need to do this if

  • you’re not sure where it actually lies;
  • you don’t know who is responsible for maintaining a fence, hedge or wall;
  • you or your neighbours have access rights to part of a property; or
  • you need to resolve an argument with your neighbour about ownership.

You can access ScotLIS here.

Buying and Selling a Home in Scotland Guide is a helpful guide for homeowners looking to sell or purchase a property