Question reference: S6W-08961
- Asked by: Fulton MacGregor, MSP for Coatbridge and Chryston, Scottish National Party
- Date lodged: 9 June 2022
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Current status: Answered by Ash Regan on 21 June 2022
Question
To ask the Scottish Government whether it plans to (a) review legislation that allows property factor companies to own 50% or more of residential buildings and (b) introduce legislation to ensure that residents retain decision-making rights for their homes rather than property factor companies.
Answer
The Scottish Government has no plans to introduce legislation to restrict a property factor business’ ability to own 50% or more of residential buildings.
Legislation to restrict ownership of property to particular categories of business or individual would raise fundamental property right issues.
There are also no plans for the Scottish Government to introduce legislation to ensure that homeowners retain decision-making rights rather than property factor companies.
In tenements, owners have the right to vote to make decisions on the commonly owned areas of their property regardless of whether they own one property or numerous properties. Procedures on voting are laid down in title deeds or, where these are unclear, unworkable or non-existent, then the default provisions of the Tenement Management Scheme (TMS) under schedule 1 of the Tenements (Scotland) Act 2004 will be followed. Under the TMS a majority is required for undertaking repairs and maintenance. A unanimous decision from owners is required for undertaking improvements unless reasonably incidental to the maintenance.