Problems facing freeholders on new developments
There are new problems facing freeholders. We take a closer look at the issue and learn how a new network established by homeowners is campaigning for change.
November 9, 2016
There is a silent revolution going on in the new build market, which no one seems to know about, least of all the actual homeowners and their conveyancers. The legal term is “freeholders on private estates”. Most people know about freehold and leasehold, but this new model has crept in without democratic scrutiny or discussion and over the past 10 years or so has become the industry standard. The new problems facing freeholders are estimated to affect at least half a million homes in the UK.
What is it?
You buy a freehold house on a new build estate and are told there is a small service charge to look after the lovely green open spaces. Sounds reasonable? Yes, until the problems start – like being charged high management bills for poor service or being charged before the estate is completed. Then, you begin digging and find the devil is in the detail. The charge is bound to your property through your title deeds, so your only way out is to move and pay off the fees. If you do move, the management company is involved with the property transfer, with fees to pay and possible delays (as often happens with leasehold transactions).
If you want to dispute the fees or ask for justification for spending so much you find that, unlike leaseholders who have a tribunal, there is no alternative dispute resolution available to freeholders. Your only alternative is to fight it in court. Not many people have the resources and motivation to take this on. You have no consumer rights as the management companies are accountable to the landowner (themselves) and not you. There is no way to change the service provider and no right to manage.
So the freeholders on a private estate find they have to pay whatever charge the company decides for whatever level of service it chooses. The open space you pay for can be used and abused by the general public and yet you are still expected to pay full council tax.
Leaseholders on private new build estates sometimes suffer from the same problem. In addition, they may end up paying inflated ground rents and may find the cost of buying their freehold is unaffordable. Although they may have a right to manage their own building and internal common parts, they have no such right with regard to the management of landscape and external amenities such as play areas. They are effectively paying two different types of charge with entirely different rules.
How has this happened?
This has all come about due to negotiations between developers and planning authorities under what is known as “Section 106 agreements”. The original intention of these was to mitigate the impact of new developments on their surrounding infrastructure (roads, schools etc.) where they would otherwise not obtain planning permission. Over the years it has turned into a mechanism for councils to squeeze funding from developers in a sort of legalised bribery. Councils may think they are doing the best for their ratepayers, but in the process are selling out on the new homeowners. So much is clawed back under 106 agreements that standards of build quality are reduced to maintain profit margins and the homeowners are forced to pay for open space which is not theirs and over which they have no influence.
If you refuse to pay because you are dissatisfied, your concerns and queries will be ignored, and you may be bullied in to paying up under threat of court action.
Homeowners feel duped, ripped off and very angry at the unfair and cynical way they are being treated. HorNet is a UK wide network to campaign for change and regulation. The group agrees that the whole system is unfair and unjust to the homeowner. The bigger picture involves retention of land by investors and the back door privatisation of green open space.
With thanks to HorNet for contributing to this article.
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