Across Scotland, homeownership looks and feels different. Homeowners own their individual property outright, while responsibility for shared areas is set out in title deeds, supported where necessary by the Tenements (Scotland) Act 2004. This framework means all owners have legal responsibilities for communal parts and encourages residents to act as stakeholders in their community. In practice, it shares many principles with the commonhold model in England and Wales, though governance structures differ.
With legislation emerging to make commonhold the default tenure for new developments in England and Wales, we asked: What can we learn from Scotland?
Our Associate Director at FirstPort Scotland, Brandon O’Connell, reflects on the property factor’s role in ensuring buildings are managed fairly, transparently, and with customers at the heart.
Governance and management of shared areas
Scotland’s model allows homeowners to be actively involved in decisions about their homes. To do so effectively, they need access to clear, accurate information. There’s a common assumption that homeowners feel more invested in decision-making, but in practice, that isn’t always the case. In some developments, particularly those with many investor landlords, owners prefer not to engage in day-to-day details. Instead, they want confidence that their property factor is making sound decisions on their behalf. That’s why trust in our expertise and the relationships we build is integral to what we do.
Equally, not all resident owners are eager to participate. Many see the process as a hassle and prefer to leave decisions to us as their property factor. Part of our role is encouraging engagement, showing homeowners why their involvement matters, and demonstrating the value of their voice in shaping outcomes. I believe the best decision-making is inclusive, transparent, and accessible, with structures that allow all homeowners to be heard while ensuring decisions are implemented efficiently.
Balanced decision-making
In most Scottish developments, day-to-day and reactive maintenance is managed by the factor under the authority given in the title deeds. Unless a spend threshold is set or additional funding is required, these works can usually proceed without homeowner consultation but always done collaboratively.
By contrast, planned or higher-value maintenance projects typically require homeowner consultation and majority agreement, with the Tenements (Scotland) Act providing a framework if deeds are silent. To reach that agreement, we must clearly outline the rationale, present pros and cons, and explain the long-term implications of inaction. Much of our work is preventative, so addressing issues before they escalate or costs spiral, yet these proactive measures can be harder to justify without context.
Finances are always the biggest driver. Homeowners’ attitudes to reserve fund contributions illustrate this clearly. While most recognise the value of a “rainy day” fund, views on acceptable contributions differ widely, often shaped by personal financial circumstances. Our role is to strike a balance, keeping contributions affordable while safeguarding the long-term needs of the development.
Getting to a consensus is rarely straightforward. Negotiation and mediation are core skills for any property factor. No two homeowners are alike, and aligning different priorities is part of the job. We help owners find common ground, ensuring fairness, expertise, and clarity so progress is not stalled by disagreement.
Community in action
The Scottish model is more than a legal framework; it’s about building a shared sense of responsibility. Factors in Scotland are also regulated under the Property Factors (Scotland) Act 2011 and its Code of Conduct, giving homeowners additional protection and ensuring accountability in how blocks are managed.
While the approach offers useful lessons for commonhold in England and Wales, not every homeowner will embrace it enthusiastically. Some will resist engagement. Where that happens, our role is to bridge differences, foster collaboration, and keep communities moving forward together.
By creating transparent, fair, and inclusive decision-making processes, we make sure that shared ownership responsibilities work not just in principle, but in practice, for the benefit of all.
Note: This article was originally published in News on the Block
