Compulsory Owners’ Associations for Tenements?
The Scottish Law Commission has proposed making Owners’ Associations compulsory for all tenement/shared buildings in Scotland. Under these recommendations, every multi-owner building would automatically form a legal association responsible for maintenance, budgeting, and decision-making.
The Commission's proposals are designed to remove blocks and delays to maintianing Scotland's shared building infrastrucutre, which is facing serious challenges. This model has been used succesfully in many European countries, giving owners and tenants a clear path to resolving disputes and comissioning urgent repairs.
For residents, this could mean clearer responsibility, faster repairs, and less conflict over shared works. It could also strengthen the role of professional factors, who can be appointed to manage the association and ensure consistent upkeep. In practical terms, compulsory associations could encourage proactive maintenance planning, reduce delays caused by non-engaged owners, and make it easier to agree and fund shared improvements.Key details will include how decisions are made, how contributions are enforced, what protections exist for owners on tight budgets, and how professional management is regulated. Those practical choices will determine whether the model feels supportive, or simply additional red tape.
At 7days we're watching with interest to see how this develops so we can get ahead of any concrete proposals. A full review of the proposals will be on our new website soon - in the meantime you can find out more with thesae resources: