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Donate to our crowdfunderTenements (Scotland) Bill: Stage 3 – in the Scottish Parliament at 3:30 pm on 16th September 2004.
Section 8(1) provides that the owner of any part of a tenement building is obliged to maintain his property if it provides support or shelter to any other part of the tenement. That is a restatement and replacement of an existing rule under the common-law doctrine of common interest. Section 8(1) imposes a duty on each and all of the owners to look after, for example, the roof, but does not permit any one pro indiviso owner—which to you and me means co-owner—to maintain it. If the roof is common property, the co-owner needs the consent of all the other owners, unless the repair is a necessary one. Amendment 9 will allow a co-owner to carry out maintenance to common property without the consent of the other owners in order to comply with section 8.
I move amendment 9.
Amendment 9 agreed to.