Planning application about tenement communal areas

aristote33 Posts: 125 Forumite
edited 29 August 2016 at 12:29PM in Scotland
In an Edinburgh 'old-style' 16-flat tenement:

Owner of flat B submits a planning application to carry significant works on part of communal areas.

Owner of flat F has never been consulted about the Owner B's intention to submit a planning application dealing with communal areas - only consultation that took place was as part of the normal planning application process, with notification to neighbours and comment period. Plus, Owner F opposes in principle and in practice the idea presented in the planning application.

Yet, per the title deeds of the tenement flats, or by default by Scottish tenement law, all owners are responsible for 1/16th of communal areas.

Local councillor consulted on the matter said:
'granting or refusing planning consent is separate from responsibilities under ownership. Even if the applicant was successful s/he would still have to get consent from other owners of the wall or rear area if that is what title deeds say.'

Assuming (in all likeliness) that the planning application is granted, what is the next step to enforce both (or either... or) title deeds and tenement law where owners ought to be consulted for anything that deals with communal areas?
In other words, what's the way to go to prevent being financially dragged in a project that is not a shared vision?



  • glasgowdan
    glasgowdan Posts: 2,967
    First Post First Anniversary Combo Breaker
    What do all the other owners think? What is the application for, specifically? Why is it likely that PP will be granted?

    Granted PP doesn't mean it's going to go ahead! All it means is the work is then allowed to go through the normal channels in communal areas, via the factors.
  • Thanks for your answer, glasgowdan.
    • No idea what other owners think. Almost half the stairwell belongs to the applicant. And most flats are rented.
    • Application to excavate and open the back garden boundary wall towards Union Canal towpath. Both back garden and boundary are communal responsibility.
    • Likely to be granted: just a gut feeling. Very few planning applications seem to be rejected.
    • Via the factors: old-style tenement here, no factor. not even an owners or residents association :(
  • The communal area is owned jointly by all owners of the property. Your title deeds should provide you will all the info & backing you need. Under the Burdens section, there should be a section that prohibits alterations etc to the common areas without consent of the remaining proprietors. If you have no factor or residents assoc, it would be beneficial to form an association, or at the very least get some of your neighbours on side. You might also want to get a hold of a publication called "Common Repairs Common Sense" produced by communities Scotland. Some of the info may now be outdated, but still a useful resource
  • System
    System Posts: 178,074
    Photogenic Name Dropper First Post
    Community Admin
    Are your objections about the works themselves or possibly having to pay towards them?

    The Tenements (Scotland) Act contains a default management scheme.
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