Property Factoring in Scotland
In Scotland, a Property Factor is a person or firm who manages the common parts of land and/or property owned by 2 or more persons and used for residential purposes.
Since 2012, all Property Factors in Scotland must:
Aberdeen City Council
Following the introduction of Property Factoring legislation in 2012, the Council took a decision to apply for registration with the Scottish Government to formally factor 38 multi-storey buildings which are in mixed tenure, ie. where the Council shares the ownership of the common parts of the building with one or more owners. Although the Council is the owner of some of these flats and also the Property Factor, it is important to note that the Property Factor is there to work impartially on behalf of all owners, and must comply with the Property Factors Code of Conduct, Title Deeds for the building and where necessary the Tenement Management Scheme.
The Council’s Property Factor Registration Number is: PF000255.
Check the Property Factor Register to find out if your building has a Property Factor.
If you are an owner of property in one or more multi-storey blocks, you will already know that the Council factors the common parts of the building. All factors are required to provide a Written Statement of Services to each homeowner setting out the terms and service standards of the factoring agreement. If you have recently purchased a flat in a multi-storey building in Aberdeen City and have not yet received a Written Statement of Services, please contact us as soon as possible.
Privately rented flat/s
If you are an owner of property in one or more multi-storey blocks and you let the flat/s to private tenants, you must comply with Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004 and register as a landlord with this Council. This legislation was introduced to ensure a high standard of safety and security for people who rent property. To let property without the appropriate registration is a criminal offence. If you have not already done so, please apply for registration via the national Landlord Registration Scotland website.
Repairs to common parts of the building
Title Deeds may specify repairing liability but if the Deeds are ‘silent’, the provisions of the Tenements (Scotland) Act 2004 apply. This Act includes the Tenement Management Scheme which is a set of rules which apply to decisions about maintenance of scheme property, sharing of costs, etc. The Council’s Factoring team makes extensive use of the Tenement Management Scheme to manage the common parts of the 38 multi-storey buildings.
If the Council factors your multi-storey building and you become aware of a common part of the building in need of some repair, please report the repair as soon as you can by calling our 24-Hour call centre on 03000 200 292. This is particularly important if an emergency repair is required.
Carrying out repairs and maintenance
Any items of minor repair up to the value of £10 per owner where there is 72 flats in a building will be carried out without consultation, where there is more than 73 properties in a building, repairs of up £5 per owner will be carried out without dialogue . The reason for setting this figure is so repairs to communal areas can be carried out as and when they arise, without having to seek a scheme decision every time.
Without this being in place, the factoring fee would have to increase to cover the additional administration costs of contacting all owners to seek agreement to undertake minor repairs.
Any repairs of this nature will involve written communication from the Property Factor with competitive quotations for consideration and acceptance before work is instructed. Each owner will be responsible for their share of the cost of major work.
Such works include:
- Lift replacements
- Re-roofing project
- Building fabric repairs
Paying for the factoring service
The management fee will be reviewed by the Council on a yearly basis and any changes will be reported to all property owners before the start of the financial year, which runs from 1 April to 31 March. In the case of a property sale you will be held liable for charges up to the date your property title is transferred to another owner.
Owners of a flat or flats in one or more multi-storey blocks are liable to pay an equal share of the costs relating to the upkeep & repairs to these blocks and also a share of the cost of the Factoring Service. The Property Factoring team will issue quarterly invoices starting in April each year, these invoices will detail all the payment options.
If you are selling a flat in a multi-storey building, you or your solicitor should inform the Property Factor directly and as soon as possible. We require a minimum of 21 days’ notice prior to the scheduled date of sale so that we can correctly answer all enquires to the seller’s solicitor.
Details of outstanding works, forthcoming projects are essential information that the buyer’s solicitor will require. Such small timescales could lead to delays in sale completion. Outstanding charges for factoring fees will be calculated and you will be sent the final account on completion of sale along with any credit due to you
Complaints and Enquiries
If you have any queries or are unhappy with the service being provided by the Council’s Factoring team, please contact them directly.
If the team cannot resolve the issues to your satisfaction and you are of the opinion that the team have not carried out their duties correctly, you can ask the Housing and Property Chamber to intervene.
For further information please read our Property Factoring Frequently Asked Questions.
Property Factoring team
Phone: 01224 522900 or 01224 522914.
Write to: Aberdeen City Council, Marischal College, Property Factor, Business Hub 6, First Floor South, Aberdeen, AB10 1AB