In Scotland, a tenement refers to a type of building that is made up of several separate flats (apartments), each on a different floor, and typically sharing common areas such as the entrance and stairwell. They are particularly common in cities such as Glasgow and Edinburgh, where they were built in large numbers in the 19th and early 20th centuries.
The term “tenement” includes the flats themselves as well as the shared parts of the building. Each flat in the building is usually owned individually, and the owners may have shared responsibility for the maintenance and upkeep of the common areas and the structure of the building.
Although the term “tenement” sometimes has negative connotations in other countries, often being associated with low-income housing, in Scotland it can refer to any multi-unit building, regardless of the socio-economic status of its inhabitants. Many Scottish tenements have been well-maintained or renovated and are sought-after places to live.
First time buyers who are interested in purchasing a tenement flat should familiarise themselves with the rights and responsibilities as a tenement owners before committing to a purchase. For more, see this Scottish government guide for tenement flat owners.
What is the law of the tenement?
The law of the tenement was the term for Common law rules regarding ownership and responsibility for repair of different parts of a tenement building, such as the roof and external walls. These rules evolved over many years and became difficult for people to understand.
A review of the law of the tenement by the Scottish Law Commission in 1998 recommended that (i) existing common law rules demarcating ownership within a tenement be clarified, stated in modern language, and put on a statutory footing. They also recommended that a statutory tenement management scheme be created to ensure that every tenement had a tenement management scheme. i.e a mechanism for ensuring that repairs are carried out and that decisions are reached on other matters of mutual interest and concern.
The recommendations were taken up by the Scottish Parliament and were introduced in the law the Tenements (Scotland) Act 2004.
What is the Tenements (Scotland) Act 2004?
The Tenement (Scotland) Act 2004 brought the recommendations of the Scottish Law Commission’s report on the law of the tenement into statute. The act broadened the definition of a tenement to include properties where two or more flats are on the same floor of a building. This meant that, in addition to traditional tenements, four in a block flats were covered by the act.
In addition to clarifying the law and introducing a statutory tenement management scheme, the also act placed an obligation on tenement owners to have buildings insurance. This requirement will usually be met by the owners of the tenement taking out a common insurance policy that covers the while building. It’s something you should check is in place when buying a tenement.