In Scotland, a close is the shared entrance, passage, stairs and landings giving common access to flats in a tenement.
It is the shared way in (from the street door up the common stair) that owners and visitors use to reach the flats that share that entrance.
Under the Tenements (Scotland) Act 2004, flats that use the close for access normally get a right of common property in it (as a “pertinent”), unless the title deeds say otherwise. A main-door flat that does not use the close for access may sit outside that default share.
Your title deeds may set out ownership of the close, who pays for cleaning and repairs, and how decisions are taken. Those rules often appear as burdens or other title conditions, sometimes gathered in a Deed of Conditions.
Boundaries and shared rights of access (including servitudes where relevant) can also matter for how the close relates to each flat.
Where the deeds are silent or incomplete, the Tenement Management Scheme under the 2004 Act can fill gaps for managing and maintaining scheme property, which typically includes the close and stair.
Many tenements appoint factors (property managers) to arrange cleaning, repairs and insurance for common parts such as the close. Factoring fees and repair shares are a normal part of owning a flat that uses a common close.
The Home Report and your own viewing also give a practical sense of a close’s condition (shared stairs, entrance door, lighting, and any obvious repair needs), but title and deeds decide legal responsibility.
If you buy a flat reached by a close, expect your solicitor to check the title for common-property rights, repair liabilities, and any management or factoring arrangements.
Sources
- Legislation.gov.uk: Tenements (Scotland) Act 2004, section 29 (definition of “close”: connected passage, stairs and landings forming common access to two or more flats): https://www.legislation.gov.uk/asp/2004/11/section/29
- Legislation.gov.uk: Tenements (Scotland) Act 2004, section 3 (close as common property / pertinent for flats that use it for access): https://www.legislation.gov.uk/asp/2004/11/section/3
- Legislation.gov.uk: Tenements (Scotland) Act 2004, section 2 (boundary of a close includes the roof over and solum under the close): https://www.legislation.gov.uk/asp/2004/11/section/2
- mygov.scot: Responsibility for tenement repairs and common areas (check title deeds; Tenement Management Scheme where deeds are unclear): https://www.mygov.scot/tenement-repairs-common-areas/responsibility
- Under One Roof: Common repairs (close and stairs as a typical common-property example): https://underoneroof.scot/common-repairs/
Disclaimer
Information for Scotland first-time buyers only. Not personal financial, mortgage, or legal advice. Check current legislation, Registers of Scotland practice, your title deeds, and advice from your own solicitor for your situation.