Section 26 of the Tenement (Scotland) Act 2004 defines a tenement as:
"Two or more related but separate flats divided from each other horizontally. The definition is framed broadly in order to include not only traditional tenement properties, but also four-in-a-block houses and larger houses which have been subdivided"
Owner occupiers and owner landlords in tenements
Types of residential developments defined as tenements in Scots law which are found in Glasgow include.
Even if the walls are constructed in brick and roughcast or the building relies on concrete and steel to maintain its integrity, it is still a tenement and owners of these properties are bound by the same rules relating to common property maintenance as the owners of older traditional sandstone tenements.
However, there are exceptions and variations, especially in some older properties. The common areas for which you share responsibility (or are separately liable for) are likely to be set out in your Title Deeds or through other legal documents arising as a result of any sub division of the property or substantial alterations to the building. Any changes to the title deeds and share of burdens concerning a property which has been converted from the original structure and purpose should have been lodged with the Land Registry Service for Scotland.
Some examples of property types and properties with recently added facilities where there may be a variation on responsibility for common property elements follow:
Victorian and Edwardian town houses were originally constructed for one owner, but over a long number of years many have been converted to either separate residential properties within the original structure or have been made into office premises. A converted former townhouse on three or four levels may have a shared common entrance which is not used by a ground floor resident whose front door is separate. Unless title deeds and burdens have been changed through a legal process, responsibilities for common elements generally rest with all owners or proprietors of individual properties within the converted building. Owners should clarify with their solicitors, the obligations of residents
A large number of tenements in Glasgow have a main door flat on the ground floor which, although separate from the close, is still part of the whole tenement block and so owners of these flats are still liable for a share of mostof the common property repairs relating to that tenement block regardless of whether they use the common stair or not. The main door garden flat owner normally assumes responsibility for the garden which is for their exclusive use.