New Developments: Unadopted Roads and Public Amenities

Matthew Pennycook Excerpts

Wednesday 13th May 2026 Commons Chamber

[The Minister for Housing and Planning (Matthew Pennycook)]

I congratulate my hon. Friend the Member for Hitchin (Alistair Strathern) on securing this important debate. He is an incredibly hard-working and effective advocate for the interests of his constituency, and he has long championed action to address unadopted amenities on privately managed housing estates. I warmly commend him for his ongoing efforts to secure a fair deal for homeowners living on freehold estates in his constituency and across the rest of England. I also thank my hon. Friends the Members for Carlisle (Ms Minns) and for Hastings and Rye (Helena Dollimore), and the hon. Member for Exmouth and Exeter East (David Reed), for their interventions in the debate, and my hon. Friend the Member for Stafford (Leigh Ingham) for sharing the experiences, which are clearly unacceptable, of residents on developments in her constituency.

Whether it be roads, street lighting, or sewers and drains, homeowners rightly expect that public amenities on new housing estates should be built to an acceptable standard that enables them, in due course, to be adopted by the local authority or other relevant body. Yet, for far too many homeowners, the experience of living on a newly developed housing estate has been tainted by the hidden and enduring consequences of unadopted infrastructure.

Unadopted roads and private estate amenities are not, in and of themselves, new, as my hon. Friend mentioned. What has changed is their prevalence and the impact of private estate management arrangements on homeowners. Roads, sewers, drains, green spaces and other amenities that historically would have been maintained by the local authority or utility companies are instead now routinely left to be managed by private estate management companies, often with little transparency or accountability. In many cases, the quality of the amenities on such freehold estates is inferior to those adopted by the relevant public authority, and falls far short of what people have a right to expect. Residential freeholders across the country frequently report open spaces not fit for purpose, roads left unsurfaced and drainage systems that are often little more than open ditches. These issues blight people’s lives and, with few of the rights to redress found in other markets and no ability to control the management of the estates on which they live, residents feel that they are being treated as second-class homeowners.

The Competition and Markets Authority, which has been mentioned, published a house building market study in 2024 that identified significant consumer detriment arising from the private management of unadopted public amenities on housing estates, and concluded that without Government intervention, this consumer detriment was likely to increase. This Government believe that homeowners living on freehold estates deserve a fair deal. That is why we pledged in our manifesto to act to bring the injustice of fleecehold private housing estates and unfair maintenance costs to an end. Our objective is clear: we are determined to reduce the prevalence of private estate management arrangements, which are the root cause of the problems experienced by many residential freeholders, and we also want to provide those who currently live on privately managed estates with greater rights and protections, so that the fees they pay are fair, transparent and robustly justified.

As my hon. Friend is fully aware, the Government are taking action to deliver on their manifesto commitments in this area. He rightly referenced the two comprehensive consultations that we launched on 18 December last year, both of which closed on 12 March. I do not intend to summarise the contents of those two quite lengthy consultations—I know that hon. Members have been engaging with them—but in simple terms, they sought views on how best to implement the new consumer protections for homeowners on freehold estates contained in the last Government’s Leasehold and Freehold Reform Act 2024, and on the ways in which we might reduce the prevalence of privately managed estates over the coming years. We are currently analysing the many responses received, with a view to setting out next steps in due course.

I am clear that our approach must be balanced. Homeowners must be protected. They should know before they buy whether the public amenities they will rely on will be adopted, and what that means for service standards and costs. Local authorities operating under significant pressures must have confidence that adoption is safe and sustainable and provides value for money. In turn, highways authorities and drainage bodies must know that any infrastructure and amenities offered for adoption meet proper standards and are durable.

[David Reed]

Like many other Members, I am exhausted by dealing with the Liberal Democrats on East Devon district council and Devon county council. They seem completely unaccountable, so can I ask the Ministers directly what can be done to make local government more accountable for the adoptions of roads?

[Matthew Pennycook]

I would refer the hon. Gentleman in the first instance to that CMA house building report, which says very clearly that a twin-track approach is needed. We need common adoptable standards. Only at the point that we have common standards can we force local authorities to adopt. I understand, as I know many hon. Members do, the dilemma that local authorities can face when they have substandard amenities and are asked to adopt them and incur all the costs of bringing them up to the necessary standard, as well as the cost of their ongoing maintenance.

[Jim Shannon]

The Minister probably know what my question is going to be before I have even asked it: will he share his ideas and his conclusions on the way forward with the relevant Minister back home? If the Minister has a way of doing it better, we need to know it as well.

[Matthew Pennycook]

I will happily direct my counterpart in Northern Ireland to the Government’s response when we publish it in due course, having analysed those two consultations.

Where private arrangements exist, they must be transparent and properly regulated. If residents are expected to pay for services, they must be able to see and scrutinise what they are paying for and to access effective routes to redress. We must, of course, ensure that any reforms taken forward work in practise across different types of development and support effective long-term stewardship. But we also have to avoid unintended consequences—for example, implementing measures that would reduce overall housing delivery or that simply shift costs in ways that do not ultimately benefit homeowners.

Alongside the consultations I have referenced, we are bringing forward measures to help those on existing unadopted housing estates, including the removal of draconian enforcement practices that can cause real anxiety for homeowners. Through the Commonhold and Leasehold Reform Bill, which was published in draft in January and is obviously mentioned in substantive terms in the King’s Speech today, we intend to repeal sections 121 and 122 of the Law of Property Act 1925— a 100-year-old law—in order to bring arrears collection into the modern era.

The Bill also strengthens safeguards around enforcement, including requiring notice before enforcement action can commence. We are acting to ensure that enforcement mechanisms are fair and proportionate, and that people are not faced with undue threats or escalating penalties in relation to their home. In addition, we are sponsoring a Law Commission project to consider longer-term legal frameworks so that residents could be given greater control over the management of their estates. I really do think—alongside the consumer protections that are the short-term answer to some of those unfair charges being levelled, and looking at how, in the long term, we end the prevalence of these arrangements—that control is the vital third leg of that stool, giving residents in such situations control. I know that is what the private Member’s Bill of my hon. Friend the Member for Hitchin seeks to address.

We are also considering what further steps we can take to strengthen the regulation of property agents because the quality and conduct of the managing agent can make a profound difference to residents’ experience, particularly in respect of communication, responsiveness and the handling of disputes.

This issue also engages the responsibilities of other Departments, including the Department for Transport and the Department for Environment, Food and Rural Affairs. Residents do not experience these matters in departmental silos. A road that is not adopted affects safety and accessibility; poorly managed drainage affects flood risk and local environmental quality; and under-maintained public spaces affect community wellbeing and pride in place.

Concerning roads specifically, alongside our consultation, the Department for Transport has commissioned independent research by Ipsos UK into the barriers to road adoption. This will help to ensure that we have a clearer evidence base about what is preventing adoption in practice, whether it be issues of technical standards, inspection and certification processes, funding and commuted sums, long-term liability, or the interaction between planning consents and highways agreements.

That work will help inform my Department’s thinking about next steps, including how we can support local highways authorities and ensure that the system encourages timely adoption where that is the appropriate outcome. In parallel, a Future Homes Hub project is under way that is helping my Department to engage with industry, local government and others on quality, standards and delivery. Ensuring that new estates come with well-designed, durable and maintainable infrastructure is an integral part of building the high-quality places that communities expect.

Before I conclude, I want to briefly mention transparency. It is important to recognise that this debate is not one only about one type of amenity; it is about the whole public realm on new estates—as has been mentioned, the play areas, open spaces, water features, attenuation ponds, sustainable drainage, street lighting, verges, footpaths and the smaller pieces of infrastructure that, taken together, determine whether a development feels like a coherent community. When those amenities are not properly completed, or when their long-term upkeep is not clearly and fairly arranged, residents can feel that the place they were promised has not been delivered. That is why transparency at the point of sale matters so much.

People are making the biggest financial commitment of their lives in most cases. They should be able to understand in plain terms what is intended to be adopted, what will remain private, what services will be provided, how charges will be set, what protections exist if standards slip and what happens if the original developer is no longer on the scene. Certainty and predictability are not luxuries—they are essential.

We know some that private management arrangements can work well, particularly where there is a clear resident-focused governance model and robust oversight, but where such arrangements are used, it is vital that residents are not left exposed to opaque fees, poor service or enforcement measures that feel disproportionate. That is precisely why our reform programme spans both the prevention of poor outcomes, by reducing the creation of problematic unadopted estates, and the strengthening of protections and accountability where those arrangements remain.

In conclusion, the Government recognise the strength of feeling on this issue, and the very real impact that current practice is having on homeowners. We are acting through the two consultations that concluded in March, the draft Commonhold and Leasehold Reform Bill, the implementation of the Leasehold and Freehold Reform Act 2024, our sponsorship of the Law Commission’s project, which I just mentioned, and our ongoing efforts to strengthen the regulation of property agents. I look forward to continuing to engage with my hon. Friend and other hon. Members from across the House as this work progresses, so that we can deliver a system that is clearer for consumers, fairer in practice, and better at ensuring that the places we build come with the adopted, well maintained amenities that residents rightly expect.

Question put and agreed to.