Common repairs - Scottish Government consultation opens on RSL missing shares powers

This power is already available to local authorities through the Housing (Scotland) Act 2014.

Stakeholders are asked to provide their views as to whether this power should be available for RSLs.

For RSLs - please go to this survey.

For Local Authorities - please to this survey.

Under the Tenements (Scotland) Act 2004, a majority of owners in a tenement can make a binding decision to carry out maintenance and repairs. The Housing (Scotland) Act 2014 introduced a discretionary power for a local authority to pay a missing share on behalf of owners who are unable or unwilling to comply with the majority decision. The local authority is entitled to recover its costs and can use a repayment charge, a kind of security against the property.

The Housing (Scotland) Act 2014 also includes a regulation-making power for Scottish Ministers to allow registered social landlords a similar discretionary power to pay and recover missing shares. Before Scottish Ministers can make regulations the Act says that they must consult bodies representing local authorities and registered social landlords and “such other persons” as they think fit.

Anna Evans Housing Consultancy has been appointed to carry out the consultation.

The deadline for responses is September 9.