Legislation

Property Factoring Legislation in Scotland

Property factors in Scotland must follow strict legal requirements that protect homeowners and ensure transparency.
The following websites provide useful external links.

This legislation regulates property factoring services in Scotland. It requires all property factors to register with the Scottish Property Factor Register, follow the Property Factors Code of Conduct, provide homeowners with a written statement of services, and operate a clear complaints procedure.

Homeowners can raise complaints about a property factor with the First-tier Tribunal for Scotland (Housing and Property Chamber) if necessary.

This law sets out how maintenance and repair decisions are made in tenement buildings, including how homeowners vote on repairs and how costs for communal work are shared.

Title deeds define legal responsibilities for shared areas within a development, including maintenance obligations and shared ownership arrangements.

Housing (Scotland) Act 2006

This legislation helps ensure homes meet appropriate housing standards and support local authorities in maintaining safe living conditions.

---

All registered property factors must follow the Property Factors Code of Conduct.

This Code requires factors to:

• Provide clear and accurate information to homeowners

• Communicate effectively and respond to enquiries

• Manage finances transparently

• Provide clear service and charge statements

• Operate a fair complaints process

These requirements help ensure homeowners receive professional and accountable property management services.

---

Under One Roof is Scotland’s only charity dedicated to providing free and impartial information to the more than half a million tenement flat owners, and housing professionals, on issues related to tenement maintenance, common repair management, and retrofit.

---

At Aquila, we are committed to delivering professional property management services for residential developments across Scotland.

Our services include:

• Communal property maintenance

• Repair management and contractor coordination

• Communal building insurance management

• Grounds maintenance and landscaping

• Cleaning of communal areas

• Service charge administration and financial reporting

• Compliance with Scottish property legislation

• Clear communication with homeowners

Our goal is to help maintain safe, attractive, and well-managed residential communities.

---

---

Other documents currently being created and will be emailed to you which should be included here will include:

1. Unreasonable behaviour guide.
2. Why we retain a float for your site – guide.
3. Selling  your home and the property factors involvement.
4. Debt Collection guide.
5. Privacy Notice.

Frequently Asked Questions

What is a property factor?

A property factor is a company or organisation responsible for managing the shared areas of residential buildings or developments on behalf of homeowners.

Do I have to use a property factor?

In many developments, the use of a property factor is specified within title deeds or property agreements. In other cases, homeowners may collectively appoint a factor.

What areas does a property factor manage?

Property factors typically manage communal areas such as stairwells, roofs, external walls, gardens, parking areas, entry systems, and other shared facilities.

What if I have a complaint about a property factor?

Property factors must have a formal complaints procedure. If a complaint cannot be resolved, homeowners may apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Are property factors regulated?

Yes. Property factors must be registered with the Scottish Property Factor Register and must follow the Property Factors Code of Conduct.

---