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Get Neighbours Consent

If you live in a flat your title deeds should set out which parts of your building that you are solely responsible for and which parts you share responsibility for with other owners.

The tile deeds should also state what consents are required for works to be carried out and how costs should be divided between owners.

Where there are aspects missing from the title deeds or where certain clauses are unworkable, the Tenements Act (2004) will apply. This act was introduced to ensure that communal areas within buildings are kept in good order. The Climate Change Act (Scotland) 2009 changed the definition of ‘maintenance’ within the Tenements Act (2004) to include insulation works. This means that insulation, such as loft or cavity insulation, can now be installed if a majority of owners within the building agree. For other works which would be classed as improvements, unanimous agreement is required. If you are unsure it is advisable to contact a solicitor before any works are started.

Read our tips for encouraging your neighbours to become involved

For further information on the Tenements Act see Consumer Focus Scotland’s guide, Common Repair, Common Sense (2009)

Aberdeen City Council’s Aberdeen Victorian Tenement Project offers support and guidance for co-ordinating communal insulation works in tenement properties. For more information please contact Home Energy Team on homeenergy@aberdeencity.gov.uk or telephone 01224 067425.