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Edinburgh missing shares: when another owner will not pay for repairs

How Edinburgh’s discretionary Missing Shares Service works, what evidence owners need, and why buyers should ask before shared works start.

Historic buildings looking north along Constitution Street in Leith, Edinburgh, in an Edinburgh Estate Agent guide graphic
Photo: Kenneth C. Zirkel, CC BY 4.0, via Wikimedia Commons. Cropped and overlaid with branding; adaptation under the same licence. Photograph illustrates the location, not any property’s condition or consent status.

The council can consider paying a missing share of a common-repair bill and recovering it from the owner. It is not automatic funding or a promise that a repair dispute will be resolved. The Missing Shares Service factsheet sets out eligibility, evidence and timing; use that current document for an application.

What situations can it cover?

The council says it can consider cases where an owner is unable to pay, cannot be identified or found by reasonable inquiry, or is unwilling to pay. The factsheet says payment is discretionary, taking account of disrepair and available resources. It is for common repairs where the deeds show owners of more than two properties are responsible for the common parts.

The scheme is primarily intended for owners without factoring or building-management services. The factsheet says factored properties are generally considered only exceptionally, and properties with a Housing Association in place are not accepted.

Agreeing a repair is not the same as obtaining funding

Owners need to show that the maintenance is reasonable, that each owner is being asked for the correct share, and that the required notices and decisions have been communicated. The factsheet sets out a maintenance account and a section 50 notice process. It says owners or their nominated person must prepare and issue that notice; the council cannot do that step for them.

Two important timing checks

  • The council says it will only consider an application where at least 51% of owners have paid their shares into the maintenance account.
  • No application will be considered if the repair works have already started.

These are not the only conditions. Read the full factsheet and contact the Shared Repairs Service before assuming eligibility or starting work.

If you are buying into an unresolved repair

Ask for the repair specification, owner decision, notices, account information and the status of any missing-share application. Ask your solicitor who remains liable under the deeds, the sale contract and any notices. Do not assume the council has accepted an application because the seller says “missing shares will cover it”. Our Tenements Act guide and statutory notices guide cover related but different checks.

The service offers a route to consider funding a gap; it does not replace property-specific legal advice about a disputed share or a purchase.

Questions buyers ask

Will Edinburgh Council always pay a missing repair share?

No. The service is discretionary and subject to conditions, the scale of disrepair and available resources. Read the current factsheet before applying.

Can owners apply after the work has started?

The council’s factsheet says no applications will be considered if the repair works have already started.

How many owners must have paid?

The factsheet says at least 51% of owners must have paid their share into the maintenance account before the council will consider an application. Other conditions also apply.

General information from open data, not legal advice. Confirm the details with the council, Historic Environment Scotland or your solicitor.

Not legal advice. This is a plain-English summary of official sources to help you know what to ask. Every property is different, so check the details with your solicitor, surveyor or the council before you rely on it.

Related

Shared repairs and free council help · Property factors · EH6 postcode area · Constitution Street example · Leith conservation map · Browse postcode areas · Search a street

Compare two streets · The Edinburgh flat buyer’s checklist · Data sources and limitations

Official sources

Checked 6 November 2026. Council Missing Shares factsheet (PDF) · Edinburgh Shared Repairs Service. Summaries are our wording; check the original guidance for your property.

Free download · The Edinburgh Flat Buyer's Brief

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