Under One Roof Newsletter - December 2023

In this edition, find out about common repairs and flat sales, our response to the Cladding Bill, keeping your building safe over the festive period, and more.

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Visit our?website?for more information about tenement maintenance and repair management, and use our?Ask a tenement expert feature to receive tailored answers to specific tenement-related queries.

For sale: the Tenement Handbook

Did you know that Under One Roof originated from The Tenement Handbook: A Practical Guide to Living in a Tenement? The book, which was published in 1993 and written by our founders John Gilbert and Annie Flint, provided everything someone living in a tenement flat would need to know about their building's architectural elements and how to fix them. This book ultimately became the core element of the Under One Roof website.?

Although some of the information in this book is out of date, such as the legal information and available grants, the drawings and architectural information remain a great resource, and is particularly suitable for those who prefer a physical book over an online resource.?

There are limited copies of the handbook left; if you would like to purchase a copy, we are asking for a ￡5 donation plus postage. All money will go towards our efforts in 2024.??

Purchase a copy via our website

Enquiry of the month: What can we do if we've organised a common repair in our building, but an owner is now selling their flat?

All owners in a tenement building are responsible for paying their share of the costs for a common repair, as determined by their title deeds or the Tenements Act. Owners are responsible for paying for repairs as soon as a properly agreed decision to go ahead with work is reached.

However, when an owner sells their flat, getting them to pay for their share of the repair costs can be challenging. In this situation, owners can use the Notice of Potential Liability for Costs.

How does it work?

The Notice of Potential Liability makes both the selling owner and the new owner jointly responsible for the repair costs. This means that when selling the property, the notice is visible to those looking to buy.?

Key steps

1. The notice must be served through the Registers of Scotland.?
2. It needs to be lodged at least 14 days before the sale occurs.?
3. The notice is valid for three years but can be renewed.?
4. Only an owner in the same building or the property factor can serve this notice.?
5. The registration documents for serving the notice are complex, so seeking legal advice to help lodge the notice is highly advisable, as the notice is usually registered by a solicitor.?

Other points to note?

It is important to be aware that serving such a notice may cause tension within your building. If you have a good working relationship with your co-owner who is selling, it's recommended to discuss the use of this safeguard beforehand. It may also be beneficial to seek community mediation support to help with recovering costs, prior to taking legal action.

Some property factors find this notice beneficial for enforcing repairs, as it allows costs to be recovered upon the sale of the flat.

You can find out if a Notice of Potential Liability has been served onto a property by purchasing a copy of the title deeds via the Registers of Scotland website.

For more information about the Notice of Potential Liability, including the legal reference and the downloadable form, check out this article on our website.?

Have a specific question about tenement maintenance or management???

Ask a tenement expert

Going away this winter? Ensure your tenement stays safe and secure

If you're planning on going away for the holiday season and your property is going to be empty, follow these top tips to ensure your tenement flat and building remains safe and secure.?

1. Prevent frozen or burst pipes?

• Insulate exposed pipes in your flat or building for an added layer of protection and to minimise the risk of freezing?
• Keep the heating on low, even when you're away, to prevent pipes from becoming frozen in the cold weather?
• Ask a neighbour or friend to check on your flat while you're away?

2. Secure doors and entry points?

• Ensure all locks on common doors and the door to your flat are working correctly?
• Consider installing timer-controlled lights to create the appearance of an occupied property?

3. Check your insurance?

• Make sure you have the correct insurance policy in place for your building to ensure you're covered in case of any unforeseen issues?
• Inform your insurance provider about your holiday plans??

4. Communicate with tenants (landlords)?

• Make sure your tenants know what to do if they're planning on being away?
• Encourage tenants to inform you or your letting agent about any issues promptly, prior to going away?

Remember, a few precautions can go a long way in safeguarding your property. For more information on making sure your tenement building is prepared for winter, check out this article on our website.?

Deck the halls: tenement close edition!

Feeling festive? So are the residents of a Glasgow tenement who have decorated their close with this beautiful DIY chandelier.

If you're planning to decorate your close for the holidays, here are a few tips to keep it safe and sound.??

• Any decorations added to your close must not cause an obstruction or be a fire hazard. Ensure that the close and stair in your building can still be accessed and exited safely and easily by residents.??
• As the days get darker, reliable stair lighting is crucial. Double-check that your decorations are not dimming the light in your close. A well-lit close is a safe close.?
• Clear up any mess caused by decorations and remove them after the festive period to ensure your close stays clean, tidy, and welcoming as you head into the new year.?

Share your festive decor on social media and use the hashtag #CloseHolidayDecor to showcase your close and inspire others this season!?

Policy update: Energy efficiency, zero emissions heating, and cladding

Addressing the challenges of decarbonising homes, especially in diverse housing types like tenement buildings, requires considering factors such as construction, ownership, and individual circumstances, making it a complex yet crucial task.?

The Tenements Short Life Working Group (SLWG) was established by Scottish Government in 2021 to provide insight to Ministers into the best approaches for improving energy efficiency and adopting zero emissions heating systems in tenement buildings ahead of the publication of the Heat in Buildings Bill (see next month's newsletter for more information on the Heat in Buildings?Bill).?

Key recommendations from the recently published SLWG report include:?

• Government funding and finance access: Acknowledging the substantial costs associated with improving energy efficiency in tenements, the report emphasises the need for government funding and finance access for owners. Recognising the diverse financial situations within a single tenement, the report recommends that funding should be available collectively for the building or assist individual owners in identifying suitable funding options.?
• Phased approach: The report supports the Scottish Government's proposed phased approach to regulating tenement buildings. Phase 1 focuses on requiring individual flats in tenement buildings to meet new energy efficiency standards where feasible and cost-effective, while Phase 2 enhances the standards, and requires the installation of zero emissions heating systems.?
• Amending the Tenements Act: To facilitate energy efficiency and zero emissions heating works, the report recommends amending the Tenements Act to classify these changes as 'maintenance'. This amendment would mean that for works to go ahead they would require a simple majority. The report also recommends that a 50:50 vote be considered an affirmative decision, boosting the likelihood of work completion.?

Read the full SLWG report here

The Scottish Government also published a consultation to their proposed Cladding Bill, which seeks to address a number of issues related to owners managing the issue of cladding in certain buildings in Scotland.

Under One Roof has submitted a consultation response, which calls for an expansion of effort by Scottish Government to identify other safety issues as part of the proposed efforts that will be made to identify and address unsafe cladding, and an expansion of the Duty to Maintain to include safety.

Read our consultation response here.

You can submit your own response?here?should you have views on what the Government is proposing. Public consultation closes on Friday 8th December 2023.?

If you have any articles of interest that you think we could include in our newsletter or any topics you’d like to see us cover, please get in touch with our Communications Officer, Anny, at?[email protected].

??Subscribe to stay up to date??

You can also follow us on?Twitter,?Facebook, and?Instagram.

Visit our?website?for more information about tenement maintenance and repair management, and use our?Ask a tenement expert feature to receive tailored answers to specific tenement-related queries.