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

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.