Gardy loo, the residents of upper flats in tenements in Edinburgh used to shout to warn unsuspecting passers by below that they were about to throw out their slops. Now, citizens in Edinburgh face a greater hazard.
Last year, there were approaching 200 reports of incidents of masonary falling off buildings in the city. There may well have been also a number of unreported incidents, Edinburgh has the highest number of listed buildings in Scotland, and so by definition, has a lot of old buildings to look after. Some of the buildings are occupied, others aren't. Any masonary falling off any building is potentially a fatal hazard.
Occupiers Liability (Scotland) Act 1960
In terms of the Occupiers Liability (Scotland) Act 1960 the "occupier" of the building has the duty to maintain it in a reasonably safe condition, such that, bits of masonary do not fall off the building onto pedestrians below.
In this context, the "occupier" is the person or agency with the duty to maintain the building. Uusually, this is the owner, but in commercial tenancies, this can be the tenant.
The obligation to maintain implies a reasonable inspection system to check that the building is safe. Normally this will be done by regular surveys by a surveyor. This should be done at least once every year. Alsi, if there has been an adverse weather event, it is sensible to carry out an additional inspection after these.
Repairs
If masonary has fallen off a listed building, the local authority can serve a repairs notice on the occupier. If the repairs are not carried out within two months, then the local authority has the option of compulsory purchase. For dilapadated buildings which are not listed, the Scottish Executive is planning to bring in legislation to allow local authorities to compulsorily sell these to sort out repair.
How we can help?
If you have been injured or suffered property damage because of masonary falling off a building, we can advise you about claiming compensation from the occupier. You can either contact us by calling 0800 988 8082 or complete our online enquiry form.
