Tenements (Scotland) Act 2004

The Act is part of a package of land reforms together with the Abolition of Feudal Tenure etc.

Section 26 of the Act defines a tenement as two or more related but separate flats divided from each other horizontally.

The Act contains a number of provisions affecting ownership of various parts of a tenement building: The Act restates in statute the common law of common interest in its application to tenement properties.

Owners are obliged under s.8 to maintain any part of their property which provides support or shelter to another part of the building, and are forbidden under s.9 from doing anything to their property which would impair the support or shelter provided to, or the natural light enjoyed by, any part of the building.

The Act contains a number of provision to protect owners' interest in the event of demolition.