Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, what steps he is taking to assist local planning authorities in holding management companies to account for the maintenance of (a) roads and (b) public spaces under their remit.

Estate management companies will usually agree standards for maintaining newly built developments with the developer at the time that the site is handed over to them. Where these standards are replicated in the agreement between the estate manager and the homeowner, failure to deliver services to this standard may be a breach of contract . In such instances, homeowners are able to make an application to the County Court to seek resolution.

In some instances, standards may be set through planning conditions and a failure to meet them may also be a breach of planning control. Local planning authorities have a wide range of enforcement powers, with strong penalties for non-compliance, which they can use where development is not maintained in accordance with the planning permission granted. It is for authorities to decide how and when they use their powers depending on the circumstances of each case.

The government remain committed to protecting residential freeholders on private and mixed-tenure housing estates from unfair charges. This year we will consult on implementing the Leasehold and Freehold Reform Act’s new consumer protection provisions for the up to 1.75m homes that are subject to these charges, and bring these measures into force as quickly as possible thereafter. These include ensuring that homeowners who pay an estate management charge have better access to information they need to understand what they are paying for, the right to challenge the reasonableness at the First-tier Tribunal (in England), and to go to the tribunal to appoint a substitute manager.

The government is determined to end the injustice of ‘fleecehold’ entirely and we will consult this year on legislative and policy options to reduce the prevalence of private estate management arrangements, which are the root cause of the problems experienced by many residential freeholders.