Check buildings cover for the flat and its share of the common parts, not just your belongings. mygov.scot says owners must have insurance covering their share of common areas so they can contribute if the tenement needs rebuilding. It warns that you are only properly insured if every other owner has the correct insurance too.
What does the Act require?
Section 18 of the Tenements (Scotland) Act 2004 requires each owner to keep insurance against prescribed risks for the reinstatement value of the flat and the part of the building attaching to it as a pertinent. Reinstatement is about rebuilding; it is not simply the flat’s purchase price.
The Act allows that duty to be met wholly or partly through a common policy for the entire tenement. It does not say every tenement must use one common policy. Ask what arrangement actually exists, who administers it and whether the cover meets your lender’s requirements.
Can owners ask to see insurance evidence?
Yes. Section 18 allows an owner to request in writing evidence of another owner’s required policy and payment of its premium. The recipient must produce the evidence within 14 days. A prospective buyer should ask their solicitor how to obtain the information through the seller; do not assume that buying interest alone gives all an owner’s rights.
Are there exceptions?
The Act includes an exception for a particular prescribed risk where an owner cannot obtain cover despite reasonable efforts, or could obtain it only at an unreasonably high cost. That is not a general exemption from having buildings insurance. If a gap is disclosed, ask your solicitor, lender and an insurance professional what it means before committing.
A pre-offer insurance checklist
- Request the policy schedule, insured address, cover period and evidence of paid premiums.
- Ask whether it is a whole-building or individual arrangement and how common parts are covered.
- Ask who collects premiums and what the title deeds say about the arrangement.
- Ask about exclusions, excesses and any disclosed uninsured owner or gap in cover.
- Get your solicitor to confirm when your own cover must begin under the missives.
Insurance is separate from routine maintenance or funding an agreed repair. Our roof and repairs guide and factor checklist cover those other enquiries. For a local tenement example, use Constitution Street and its Leith map; neither records what insurance a flat has.
Questions buyers ask
Must a Scottish tenement have one common buildings policy?
Section 18 allows the duty to insure to be satisfied wholly or partly through a common policy for the entire building. It does not require every building to use one common policy.
How long does another owner have to provide insurance evidence?
Section 18 says an owner receiving a written request from another owner must produce the required policy and premium-payment evidence within 14 days.
Does the street lookup show insurance cover?
No. It shows conservation and listing data, not insurance policies, building condition or repair funding.
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
Offers and missives · Shared repairs · EH6 postcode area · 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. mygov.scot tenement insurance · Tenements Act, section 18. Summaries are our wording; check the original guidance for your property.