Frequently asked questions
Residential property management can raise a lot of questions, whether you’re a homeowner, landlord, or part of a residents’ association.
This FAQ section brings together the answers to the questions we’re asked most often but if you don’t see what you’re looking for, our team is always here to help.
Property factors in Scotland
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A property is factored when a property factor (a company, local authority, or housing association) is appointed to manage and maintain shared or common parts of land or buildings owned by more than one homeowner, for example, stairwells, roofs, lifts, gardens, parking areas, or estate grounds.
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All factors operating in Scotland must be registered on the Scottish Property Factor Register and comply with the Property Factors (Scotland) Act: Code of Conduct. A property factor’s role varies on by development and can include:
Organising routine maintenance of shared areas (cleaning, gardening, lift servicing, etc.).
Arranging repairs and dealing with emergency call-outs.
Managing building insurance where title deeds require a common policy.
Handling financial administration, including invoices, budgets, and contractor payments.
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Factor fees are paid because a property factor provides ongoing management and maintenance of shared areas. These fees generally cover:
Regular management charges
Routine repair costs
Contributions toward maintenance, insurance and long-term repair funds.
Factors set their own fees based on the building, services and contractor costs. They must provide owners with an annual financial statement detailing all work and spending.
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A Title Deed is the legal document that proves property ownership and sets out the rules, obligations, and boundaries of the property. It may include:
Ownership details
Property boundaries
Rights of access
Maintenance responsibilities
Burdens (conditions affecting how the property may be used)
Most modern title deeds are recorded in the Land Register of Scotland, and copies can be purchased online via Registers of Scotland.
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A Deed of Conditions is a legally binding document, usually included within the Title Deeds, that sets out rules that apply to all properties within a building or development. It typically specifies:
Which areas are ‘common’ and shared
How repair and maintenance costs must be divided
Each owner’s obligations for communal upkeep
Restrictions on use or alterations
Duties and powers of the property factor (if one is appointed).
If there are gaps in the Deed of Conditions or they are unclear, Scottish law provides default rules in the Tenements (Scotland) Act 2004 and the Title Conditions (Scotland) Act 2003.
Changing factors in Scotland
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If your current property factor isn’t giving you the service, support or value you expect, homeowners in Scotland can appoint a new factor. It is important to take time to compare other managing agents and understand what each offers. Asking the right questions can help you choose a factor who’s transparent, reliable and a good fit for your development.
At Charles White Limited, we’re here to make the process plain sailing and can guide you through the process. From reviewing your Title Deeds to helping you liaise with fellow homeowners, we aim to make the whole process simple and stress‑free so you can enjoy better service, clearer communication and an award-winning factor you can rely on.
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Yes, homeowners in Scotland have the legal right to remove and appoint a new property factor, provided they follow the process set out in their Title. In most cases, this involves getting agreement from the required number of owners within the development and giving notice to the current factor.
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The number of owners needed to agree to change factor depends on the development’s Title Deeds. In many developments, a simple majority (more than 50% of owners) is enough to appoint of dismiss a property factor. Every development is different, so it is important to check the specific provisions that apply to your property.
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You should consult your Title Deeds before starting the process of changing property factor. They might include details about voting requirements, notice periods, management obligations and any conditions that apply to appointing or dismissing a factor.
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Before appointing a new property factor, it’s worth asking:
What services are included in the management fee?
How often will the development be inspected?
How are staff trained?
How do you handle repairs and maintenance?
How do you stay connected with homeowners?
How are costs agreed and controlled?
What happens if things go wrong?