Scullion News & Resources

Victorian Tenements in Scotland the Dream vs. The Reality:

You’ve done the saving. You’ve secured the Decision in Principle. Maybe you’ve even had a generous boost from the Bank of Mum and Dad.

Now, you’re standing in a high-ceilinged room in Shawlands or Stockbridge. You’re looking at the bay windows, the ornate cornicing, the original fireplace, you can imagine where you can place your belonging and you know, “This is it. This is the one.” 

In Scotland, the Victorian tenement isn’t just a flat; it’s a rite of passage. They are elegant, ornate and are the architectural heartbeat of the cities where time has stood still but these 100-year-old buildings have with a complex legal history and, at Scullion LAW want you to make sure your decision isn’t going to be a costly one you will regret!

Here is a guide to what you need to know before you buy

What Even Is a Tenement? (And Why Does It Matter?)

It’s not just a fancy word for an old flat. In Scotland, a “tenement” usually refers to a building with shared access, a shared roof, and shared land etc.

The “Shared” Reality Check

When you buy a detached house, you fix your own roof. When you buy a tenement flat, you will likely share legal responsibility for:

  • The Roof: Even if you are on the ground floor.
  • The Close: The entrance hall, stairs and the secure entry system.
  • Drains & Guttering: Essential for keeping Scottish rain out of the sandstone.
  • The Back Green: Usually communal, though some main door flats have private patches.

The Risk: If the roof needs £20,000 of repairs, that cost is usually split between all owners. Your solicitor needs to check the Title Deeds or the Tenement Management Scheme to confirm exactly what your share of the bill would be.

The “Hidden” Costs of 2025/2026

First-time buyers are often blindsided by costs that sit outside the mortgage. Here is what you need to budget for in the current market:

  • Deposit 15–30% of purchase price – The more you put down, the better your interest rate but today’s market, tenements are a popular choice, they go fast and for more than what the property is valued.
  • LBTT (Tax) £0 – £600+ Good News: FTBs pay £0 tax on the first £175k. Bad News: You pay 5% on anything between £175k–£250k.
  • “Offers Over” Variable If a flat is valued at £200k but sells for £220k, you cannot mortgage that extra £20k. You must pay it from your own funds.
  • Legal Fees Vary depending your purchase – Includes the work to transfer ownership and check the contract.
  • Outlays ~£250 – £600 -Registration dues paid to the Registers of Scotland but this depends on your purchase price.

A Quick Note if you are obtaining a gift

In cities where a “doing-upper” can still cost over £200,000, family help is incredibly common. We see it every day.

However, because of anti-money laundering laws, you can’t just transfer the cash and hope for the best. To avoid your mortgage offer being pulled at the last minute, we will help you prepare:

  • A Gifted Deposit Letter: Signed by the family member.
  • Source of Funds: Evidence (like savings statements) showing where the money came from.
  • The “No Loan” Promise: Lenders need to know this is a gift, not a loan that you have to repay.

Red Flags: When to Pause

Not every issue is a dealbreaker, but some things require a second look (and a sharp solicitor).

  • The “Factor” Question: Is there a property factor (a company managing the building)? If not, is there an active residents’ association? If neither exists, organising repairs can be a headache.
  • Interlinked Alarms: As of 2022, all Scottish homes must have interlinked fire and heat alarms. If the Home Report says they are missing, you’ll need to pay to install them immediately.
  • Statutory Notices: Are there outstanding council notices on the building for unsafe masonry or roof work?
  • Water Ingress: Victorian stone is porous. Any mention of damp in the Home Report needs to be taken seriously.

How Scullion LAW Helps You Win

The property market in Edinburgh and Glasgow moves fast. You often have to decide to offer within days of a viewing.

We specialise in assisting purchasers to keep up without panicking. We will:

  • Translate the Jargon: We explain “missives,” “dispositions,” and “standard securities” in plain English.
  • Protect Your Interest: We check the legal history of the tenement before you are locked in.
  • Manage the Money: We handle the lenders and the gifted deposit checks smoothly.

The Bottom Line for Buying in Edinburgh or Glasgow’s Historic Tenements:

Victorian flats are magical places to live. They are worth the effort. You just need to buy with your head and your heart.

Ready to make a move?

If you have found a flat or you are just starting to look speak to the conveyancing team at Scullion LAW.

Our friendly and approachable law team are ready to support you

Speak to us today