Dissecting the Scottish Law Commission’s long‑awaited proposals on compulsory owners’ associations, the conversation with Under One Roof chief executive Mike Heffron and consultant Gillian Campbell paints a picture of a system that can no longer rely on goodwill, ad‑hoc cooperation, or outdated assumptions about tenement living.

The episode opens with a reminder of the operational reality for many social landlords. Abronhill Housing Association, for example, has 257 units spread across 70 mixed‑tenure blocks, yet holds a majority share in only two. As Audrey Murphy put it in a previous episode, this creates a “logistical nightmare” when trying to carry out even basic repairs. Heffron notes that this is not an isolated case but a symptom of a wider structural failure: “We seem to have been stuck in moving forward on the issue of generally around trying to help owners organise repairs.”

Fragmented ownership continues to undermine investment, stall essential works, and expose tenants to deteriorating conditions. Campbell argues that Scotland’s property culture still fails to recognise the realities of flat ownership: “We’ve got a property ownership culture in this country that just doesn’t recognise the complexities of flat ownership… that you are liable for shared costs.”

The Law Commission’s proposals: a long-awaited framework

The Scottish Law Commission’s report recommends a mandatory owners’ association for every tenement, a building reserve fund, and five‑yearly condition inspections. Heffron describes the proposals as “positive movement” after years of inertia. Owners’ associations would be legal entities with a manager, annual meetings, and a budget—finally giving tenements a governance structure capable of making and enforcing decisions.

Campbell stresses that governance is only one part of the solution: “One of the biggest barriers to action is actually the ability of owners to not just make decisions and work together, but to actually pay for the work.”

Both guests emphasise that the three reforms—owners’ associations, reserve funds, and inspections—must be legislated together. Campbell warns that while cross‑party support exists, “taking forward any one of them, let alone all three, is a big ask.”

The conversation turns to the diminishing role of local authorities. Historically, councils drove tenement renewal through tools such as Housing Action Areas. Today, their capacity is severely constrained. Heffron notes that in many councils, private housing sits alongside homelessness, landlord registration, and other competing priorities: “It is very much largely a resource issue.”

Some councils spend nothing on private-sector repairs. Even Glasgow, which invests significantly, cannot meet demand. As a result, councils increasingly refer owners to Under One Roof for advice because they lack the staff to intervene directly.

Financing the future: lessons from Europe

Campbell’s recent research for Under One Roof highlights the financial barriers to tenement maintenance—and the opportunities Scotland could adopt from European models. Several countries have shifted from voluntary to mandatory reserve fund contributions after finding that owners consistently under‑saved. “There’s a natural tendency for owners to under‑contribute,” she explains, noting that Germany, Spain and the Netherlands now require minimum contributions.

More strikingly, European banks have developed lending products specifically for owners’ associations. In Germany, a specialist bank created in 2015 lends to associations for repairs and energy‑efficiency upgrades. Campbell argues that Scotland could follow suit once owners’ associations become legal entities: “We need a way of making sure that these owners’ associations can access credit so that they can borrow to try and catch up on some of the backlog.”

She also highlights mechanisms to accelerate early savings, such as requiring buyers or sellers to contribute to the reserve fund at the point of sale.

The sector’s decarbonisation targets loom large over the discussion. Campbell is clear that meeting net zero standards in tenements is achievable only if the legal and financial infrastructure is in place: “If we have the tenement law reform so that flat owners are enabled to make decisions, to pay for the works and access the credit… there’s no reason why flat owners shouldn’t be able to meet the standard.”

Heat networks will be essential in dense urban areas, and owners’ associations will be critical to coordinating decisions and investment. Without reform, the sector risks being unable to deliver energy‑efficiency upgrades at scale.

Campbell argues that solicitors, estate agents, surveyors and lenders have a major role to play in shifting expectations around tenement ownership. She calls for changes to the home report and for professionals to “normalise the idea of saving for future repairs and maintenance work.” She also points to emerging technologies, such as shared-repair apps, that could support owner engagement over the next decade.

Heffron offers a vivid picture of what the sector might see five years after compulsory owners’ associations are introduced: “Success… would be a building industry that is complaining that they are overwhelmed with the amount of requests to do work on tenement buildings.” He imagines scaffolding across Scotland’s tenements and contractors struggling to keep up, visible signs of long‑delayed investment finally being unlocked.

Despite the urgency, both guests remain cautiously optimistic. Cross‑party and cross‑sector consensus is unusually strong. The evidence is clear. And the alternative, losing a significant portion of Scotland’s urban housing stock, is unthinkable. As Campbell puts it, “If we don’t do anything about it, we’re going to end up losing a huge amount of our housing stock.”

The next parliament will determine whether Scotland finally confronts its tenement crisis or continues to drift toward the point where, as Heffron warns, “it’s tragedy that makes us act.”

Listen to or watch the episode here, or read the transcript.