Compulsory owners' associations: Scottish Law Commission release discussion paper

In this edition of our LinkedIn newsletter, we take a closer look at the recent discussion paper from the Scottish Law Commission on compulsory owners' associations. Learn about the key points, where to find out more, and how you can have your say.

Last month, the Under One Roof team attended the Scottish Parliament to hear more about the Scottish Law Commission’s (SLC) discussion paper on proposals for compulsory owners’ associations.

The event, chaired by Graham Simpson MSP, brought together MSPs, factors, architects, surveyors, housing charities, and other housing professionals to learn about the SLC’s recommendations.  It began with the showing of a short film from 2019, commissioned for the conference Tenements Today, Tenements Tomorrow, which clearly demonstrates the impact of poor tenement maintenance on flat owners. Although the film was produced five years ago, the situation remains much the same, clearly showing the need for improved legislation around tenement maintenance and repair management.

Following the film, Professor Lori McElroy, Chair of the Short Life Working Group on Heat in Buildings, gave a presentation on the committee’s 2023 report, highlighting the complex challenges facing tenement flat owners, including funding, awareness, and non-participation.  After, Professor Frankie McCarthy introduced the Commission’s discussion paper on compulsory owners’ associations, providing an overview of the proposed legislation and answering questions from the audience.

Key points in the discussion paper

The SLC’s discussion paper explores proposals to replace the current Tenement Management Scheme with an Owners’ Association Scheme. Some key points include: 

• Compulsory owners’ associations for every tenement building in Scotland 
• Giving owners’ associations the power to enter contracts and appoint managers 
• Introducing duties for owners’ associations, such as organising annual meetings and approving budgets 
• Standardising titles to ensure consistent maintenance rules across tenements 

Have your say

The SLC is inviting feedback on the discussion paper until 1st August 2024.  Under One Roof supports proposals that would see owners’ associations in every tenement building, as they are a necessary starting point to addressing building disrepair and beginning retrofit.

We encourage flat owners and housing professionals to engage with the discussion paper and share their perspectives. Your input will help shape the final recommendations and proposed legislation, which is expected to be introduced in 2026.

To learn more about the proposals, you can: 

• Read the executive summary of the discussion paper 
• Watch the recording of a recent webinar by the SLC on the discussion paper 
• Read the full discussion paper 

If you would like to respond to the proposals, you can do so via the SLC website, or complete this short survey to let us know your thoughts. Your responses to this survey will inform Under One Roof’s final response to the discussion paper.

While the proposed legislation has garnered cross-party support, its implementation will require further discussions and approvals. Under One Roof will continue to monitor the situation and keep you informed of the latest developments.

Thank you for reading this article from our June newsletter.

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