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In most Edinburgh tenements, the roof is common property, which means repairs are shared between all the flat owners, not just whoever lives on the top floor. Your title deeds set out how the cost is split, and where the deeds are silent, the Tenements (Scotland) Act 2004 provides the default rules. The practical route is straightforward: get a survey, obtain an itemised quote, circulate it to the owners, agree, appoint a roofer, and split the cost.
At Edinburgh Borders Roofing, we repair and coordinate shared tenement roofs across Edinburgh, the Lothians and the Scottish Borders, so this guide covers both who pays and how the roof is actually fixed.
This article explains the legal side in plain English and the roofer’s side in practical detail. It is general guidance, not legal advice, so always check your own deeds and speak to your factor or the City of Edinburgh Council for your specific situation.
Who is responsible for a tenement roof in Edinburgh?
In most Edinburgh tenements, all the flat owners are jointly responsible for the roof, because the roof is common property shared by the whole building. This surprises many people, who assume the top-floor flat owns the roof above them.
The reason is simple: the roof protects every flat in the building, so the law and most title deeds treat it as shared. That means a leak coming into the top-floor flat is, legally, usually a shared problem with a shared bill. It also means no single owner has to carry the cost of a shared roof alone, which works in everyone’s favour when a major repair is needed.
Who pays, and how is the cost split?
The cost of a shared tenement roof repair is divided between the owners, and how it is divided depends first on your title deeds and then on the law. Neither the top floor nor any single flat normally pays for the whole roof.
Your title deeds are the first place to look, because they may set out exactly how roof costs are shared.
| Situation | How the cost is usually split |
| Title deeds set out the shares | Follow the deeds (for example, equally, or by floor area or rateable value) |
| Title deeds are silent or unclear | The Tenements (Scotland) Act 2004 applies, generally sharing costs equally |
| Mixed-use building (shops below) | Deeds or the Act still apply; shares can vary by the parts each owns |
| A defect affecting only one flat but in shared fabric | Often still shared, as the roof is common property |
Because deeds vary from building to building, check yours before assuming a share. Where they are silent, the Act’s default rules step in.
What the Tenements (Scotland) Act 2004 says, in plain English
Where your title deeds do not cover roof repairs, the Tenements (Scotland) Act 2004 sets the default rules through its Tenement Management Scheme. In short, it treats the roof as shared and gives owners a framework for deciding on and paying for repairs.
Under the Act, owners generally share the cost of common repairs, commonly in equal shares unless the deeds say otherwise. Many repairs can be agreed by a majority of owners rather than needing everyone to say yes, which stops one reluctant owner blocking essential work. Owners also cannot indefinitely block maintenance that is needed to keep the building safe and watertight. The Act is the safety net beneath the deeds, and it is worth reading the City of Edinburgh Council guidance on it if you are facing a shared repair.
How to organise a shared roof repair, step by step
Organising a shared tenement roof repair follows a clear, practical sequence, and doing it in order keeps everyone informed and the project moving. The route below is the one that works.
- Get a professional survey and report: A clear, photographic roof report shows every owner the same evidence and removes the guesswork.
- Obtain an itemised written quote: A breakdown of the work and cost makes the shared bill easy for each owner to understand.
- Circulate it to all owners: Share the report and quote with everyone, along with what each owner’s share would be.
- Reach agreement: Discuss and agree, often on a majority basis for the repair to proceed.
- Appoint a roofer: Instruct the contractor and agree access, timing and payment terms.
- Split the cost: Divide the cost per the deeds or the Act, and keep records throughout.
Keep good documentation at every stage: the deeds, photos, quotes, owner contact details, and notes of decisions. The City of Edinburgh Council’s Tenement Toolkit provides free templates for notices and records, which are worth using.
What if an owner will not pay their share?
If an owner refuses to pay, essential repairs can generally still go ahead, and there are legal routes to recover an unpaid share. A single non-paying owner does not have to leave the whole building stuck.
Under the Tenements (Scotland) Act 2004, an owner who pays more than their share of a common repair can take steps to recover the shortfall from a non-paying owner. For essential work, particularly anything affecting safety, the majority can usually proceed. If communication breaks down, the City of Edinburgh Council’s Shared Repairs Service can advise, and in some cases assist, and proper legal advice is worth seeking for a genuine dispute. Keeping clear records of quotes, decisions and payments makes recovering a share far easier later.
Statutory notices and dangerous building notices
A statutory notice or dangerous building notice is a formal step the Council can take to require repairs when a building is unsafe, but most shared roof repairs are organised by the owners themselves. These notices are the exception, not the normal route.
Where a roof or stack has become dangerous, the Council has powers to compel action to protect public safety. In the ordinary course, though, owners arrange their own shared repairs through the survey-to-cost-split route above. If you receive a notice, or think your building may need one, contact the City of Edinburgh Council and seek advice on your obligations.
Does insurance cover a tenement roof repair?
It depends on the cause and the policy. Buildings insurance, whether a common block policy or each owner’s individual cover, generally covers sudden insured events such as storm damage, while wear and tear and gradual deterioration usually are not covered.
Many tenements have a common or block buildings policy covering the whole building, while others rely on each owner’s individual buildings insurance. Either way, a storm-damaged shared roof may be a valid claim, whereas an old roof failing from age generally is not. Check how your building is insured and what your policy covers. For more on this, see our guide on whether a leaking roof is covered by insurance.
The most common Edinburgh tenement roof problems
Edinburgh tenement roofs develop a recognisable set of problems, because they are old, exposed and built from traditional materials. Knowing them helps you spot trouble early and describe it to the other owners.
| Problem | What it is | Typical repair |
| Slipped or nail-sick slates | Slates loosened by corroded fixings | Refix or replace with matching slate |
| Failed lead valleys and flashings | Splits or corrosion in the lead that channels water | Renew or redress the leadwork |
| Cracked flaunching, loose pots | Failed mortar cap letting the chimney pot move | Renew flaunching, re-bed or replace pot |
| Crumbling ridge mortar | Failed mortar bedding the ridge tiles | Re-bed the ridge in appropriate mortar |
| Blocked or failing box gutters | Hidden parapet gutters backing up with debris | Clear, repair or reline the gutter |
| Sarking and timber decay | Rot in the boards and timbers from long-term leaks | Replace decayed timber during repair |
Two of these are common enough to have their own guides: see slipped slate repair and loose chimney pot for the detail.
How a tenement roof is repaired
A tenement roof repair ranges from a small, isolated fix to a full shared re-roof, and the right scope depends on the roof’s condition. The aim is always to fix the cause, not just the symptom.
At the smaller end, we refix a few slipped slates, renew a length of failed lead valley, or re-bed a loose chimney pot. At the larger end, a roof past its serviceable life needs a full strip and re-lay, with renewed underlay, battens and leadwork. Because a tenement roof sits at stair height and is exposed on all sides, safe access matters a great deal, whether by scaffold or by rope access for awkward stacks and hard-to-reach areas. Doing the job properly once is what protects every flat below. Much of this is core roof slating and tiling and leadwork.
Slate, lead and lime mortar: heritage materials on Edinburgh tenements
Edinburgh tenements are traditional buildings, so their roofs should be repaired in matching heritage materials: natural slate, lead, and lime mortar on stone stacks. Using the wrong materials can damage the building and may not be permitted.
Natural slate and lead valleys are the norm on these roofs, and stone chimney stacks should usually be pointed and flaunched in lime mortar, not hard cement, which traps moisture and causes the stone to spall in frost. Much of Edinburgh sits within conservation areas, and many tenements are listed, particularly across the Old and New Town World Heritage Site. In these cases, planners often require matching natural slate and traditional materials, and consent may be needed. Check with the City of Edinburgh Council where a building is listed or in a conservation area.
How a good roofer makes a shared repair easier
The hardest part of a shared roof repair is often getting the owners to agree, and a good roofer removes much of that friction. Clear evidence and a clear price do most of the work.
When we survey a shared roof in an Edinburgh tenement, we give every owner the same clear photographic report, because that is what gets everyone looking at the same facts. An itemised quote that shows the work and the cost makes each owner’s share easy to understand, which heads off disputes before they start. A roofer used to tenements can also coordinate access and liaise sensibly with owners and factors. To be clear, we handle the roofing and make the process smooth, but we are not your factor or your solicitor, and the decisions and legal steps remain with the owners.
Preventing tenement roof problems
Most tenement roof problems are far cheaper to prevent than to fix, and prevention comes down to regular checks and prompt action. A shared roof that is maintained rarely springs a major surprise.
Arrange an inspection of the roof at least once a year, and clear the gutters and any hidden box gutters at least twice a year, since blocked drainage causes a large share of tenement leaks. Deal with small defects, a slipped slate or a cracked flaunching, before they let water into the structure. Many buildings appoint a factor to organise this ongoing maintenance, which spreads the effort and keeps the roof in good order through Edinburgh’s wet, windy winters.
Getting your tenement roof surveyed and repaired
We make shared tenement roof repairs as straightforward as they can be, starting with clear evidence every owner can see. Our free photographic roof survey shows the true condition of the roof, and our itemised written quote makes the shared cost easy for each owner to understand and agree. As an established Edinburgh roofing company, we repair slate, lead, chimney and flat roofs on tenements across Edinburgh, the Lothians and the Scottish Borders, with rope access for awkward roofs and stacks, and we coordinate the work between owners and factors.
If your tenement roof is leaking or due a check, book a free photographic roof survey with Edinburgh Borders Roofing and we will give every owner a clear picture of what the roof needs.
Frequently asked questions
Q1. Who is responsible for a tenement roof in Edinburgh?
Answer: In most Edinburgh tenements, all the flat owners are jointly responsible, because the roof is common property shared by the whole building. It is not owned by the top-floor flat alone. Your title deeds confirm the position, and the Tenements (Scotland) Act 2004 applies where the deeds are silent.
Q2. Who pays for a shared tenement roof repair?
Answer: The cost is split between all the owners. How it is divided depends on your title deeds, which may share it equally or by floor area. Where the deeds are silent, the Tenements (Scotland) Act 2004 applies and generally shares the cost equally. No single flat normally pays for the whole roof.
Q3. What if a neighbour will not pay their share?
Answer: Essential repairs can generally still go ahead, and under the Tenements (Scotland) Act 2004 an owner who pays more than their share can take steps to recover the rest. The City of Edinburgh Council’s Shared Repairs Service can advise, and proper legal advice helps for a genuine dispute. Keep clear records.
Q4. What is a statutory notice?
Answer: A statutory or dangerous building notice is a formal step the City of Edinburgh Council can take to require repairs when a building is unsafe. It is the exception, since most shared roof repairs are organised by the owners themselves. If you receive one, contact the Council and seek advice on your obligations.
Q5. Does insurance cover a tenement roof repair?
Answer: It can, depending on the cause and policy. Buildings insurance, whether a common block policy or each owner’s individual cover, generally covers sudden events like storm damage, but not wear and tear. Check how your building is insured and what your policy covers before assuming a repair is claimable.
Q6. How long does a shared tenement roof repair take?
Answer: It varies with the scale and how quickly owners agree. Organising meetings and quotes often takes a few weeks, and the roof works themselves can span from days for a small repair to a few months for a full re-roof. Cooperation between owners is usually the biggest factor.