Shared repairs before selling

The short answer

An outstanding common repair, an unpaid share, or a council statutory notice will emerge during the conveyancing and must be disclosed in the property questionnaire. Buyers do not walk away from a known, quantified repair as often as sellers fear — they walk away from an unquantified one. Getting a scheme costed and the position documented is more valuable than trying to complete the work.

What the work involves

Establishing what is outstanding, obtaining the factor's or owners' correspondence, getting a cost where none exists, and assembling that into a clear pack for the buyer's solicitor.

Rules and responsibilities in Scotland

Common repairs are governed by the title deeds and, in their absence, the Tenements (Scotland) Act. Councils can serve statutory notices for repairs, and outstanding sums can attach to the property. Sellers must answer the property questionnaire accurately.

What commonly goes wrong

Hoping a known scheme will not surface during conveyancing, which delays the sale and damages trust once it does.

What it usually costs

Indicative ranges only, to help you judge a quote. They are not an estimate for your property — only the business doing the work can give you that.

• Your share of a scheme is a known number once the scheme is costed — uncertainty is what depresses offers.
• Sometimes a retention from the price is more practical than completing the work before sale.
• Factor's arrears must normally be settled at or before settlement.

What to do, in order

1. 1Ask the factor or the other owners for the current position in writing.
2. 2Get any agreed scheme costed so your share is a definite figure.
3. 3Check for any council statutory notice affecting the property.
4. 4Disclose it in the property questionnaire and give your solicitor the paperwork early.
5. 5Discuss with your solicitor whether completing, retaining or discounting works best.

Local detail for the Lothians

• Edinburgh's tenement stock makes shared roof, stair and elevation repairs one of the most common complications in a city flat sale.
• Historic council statutory notice liabilities in Edinburgh can still appear in title enquiries and need to be checked.
• Factored blocks vary widely in how quickly they produce a written statement, so ask early.

When you need a professional

Your conveyancing solicitor should handle disclosure and any retention; a chartered surveyor where the scheme needs costing.

Common questions

Can I sell a flat with an outstanding common repair?

Yes, provided it is disclosed. A costed, documented repair is far less damaging to a sale than an unquantified one discovered late.

Who pays for a scheme agreed before the sale?

That is negotiated. Sometimes the seller pays their share, sometimes a retention is held at settlement. Your solicitor will advise.

Related pages

• Roof and gutter check

  The external check that prevents the most expensive Home Report comment.

• Paperwork and certificates

  The documents a buyer's solicitor will ask for, gathered before they ask.

• Preparing for the Home Report

  What the surveyor looks at, and the work worth doing before they visit.