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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

problems facing freeholders

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.

If you agree the government should step in and at least put in some form of regulation and alternative dispute resolution, then please sign HorNet’s petition

If you are in a similar situation, learn more about service charges in our guide. Become a member of HomeOwners Alliance for extra support and to help us campaign for better regulation of this area. 

With thanks to HorNet for contributing to this article.


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50 Comments

  1. Thanks Robert for your comment. Sorry to hear you have had to cancel. We are campaigning on issues such as this and unfortunately we do hear of situations like yours quite often. Glad that you were able to spot it.

    Comment by Marianne Cole — March 21, 2019 @ 12:54 pm

  2. Have just canceled my forthcoming purchase of a new property in Kingswood Hull after reading about this service charge on the paper i signed during the reservation.
    And after googliing this find a mine field hopefully about to erupt, this is not right, if you buy freehold you expect freehold and not to have to pay a service fee to upkeep or access the estate or any area of the estate your house is on unless of course the estate is private and gated with security. I would advise anyone in a similar position to do the same as myself and make it known.

    Comment by Robert Doggett — March 20, 2019 @ 5:37 pm

  3. Hi Charles,
    As stated check the purchase contract but i suspect that what they say will be correct and that any future monies will be payable to them, if the property is freehold then at the moment there is no legislation which allows you to challenge the charges, this is being discussed by the govt at present. The builder/developer has (in simple terms) sold on the upkeep of the grounds to a company who will likely take a lot and do nothing, this has become a sadly familiar story with new developments and is just another money making scheme which is taking over from the leasehold cash cow.

    Comment by Simon — March 19, 2019 @ 7:29 pm

  4. Hello Darren, thanks for getting in touch. I have to say that sounds pretty awful and on the extreme end of issues that we hear of in terms of charges and work not being carried out. Have a read of our guide https://hoa.org.uk/2018/11/need-to-know-before-you-buy-a-home-on-a-new-housing-estate/ We’ll also email you separately.

    Comment by Sara Hind — March 19, 2019 @ 11:36 am

  5. Hello Charles, your first port of call will be to check your purchase contract and to see what it says about service charges being payable to a management company.

    Comment by Sara Hind — March 19, 2019 @ 10:05 am

  6. Fascinated by all this as the freehold owner of a new home on a modern development. The builders took money from us at the time of purchase for ground maintenance of the open spaces but over the past two years have done little or nothing with that money. We have now heard from a management company (not from the builders themselves) who say they have been assigned the responsibility for this maintenance and they will be asking us for more money in due course for any work done. My question is whether there is privity of contract between us and the management company and if so how has this come about? If we refused to pay them what legally has conferred on them the right to sue us for the money. Anyone know the answer to this? Many thanks.

    Comment by charles leyberg — March 15, 2019 @ 4:54 am

  7. We bought a new build REDROW freehold on an estate in Crewe. there is a smaill childs park about 13ft by 13ft. there are about 80 houses on the estate and each one has to pay almost £1000 a year now this has doubled each year we have been there! the management compant is FIRST PORT such a bad company in every way. (google them and see their ratings). The company has broke theire contract lots…they are supposed to clean and cut the grass in this area every month and this has not happened, I took pictures and sent them the proof as the grass was grown to about 3ft high and the same rubish was there in each picture. They didnt care and said we have to pay and had the cheek to charge us £60 for each letter they wrote to us! This should be against the law surely?? if I hired a gardner to do my garden each month and he didnt turn up for 3 months on the run I would not employ him any longer. If my internet keeps going slow and it is not fixed even though I am in a 18 month contract I can legally leave as the Company is not fulfilling their contract. Please tell me anyone why is this not the same for a management company?

    Darren

    Comment by Darren Dutton — March 14, 2019 @ 3:24 pm

  8. I live on a new development in East Sussex. It has an adjacent 7 Ha publicly accessible open space, storm water ponds and woodland. However the developers will be responsible for it for 12 years. As of March 2019 they have done no maintenance and I’ve taken it upon myself to clear and tidy the area near my house. Our contention are the separate common parts of the estate itself (total area including the houses of 2 Ha) for which the appointed management company has done very little (other than cut the grass a few times). However as owners we each are members of the registered management company and entitled to elect directors to the board. The challenge is to force the adoption of a Transfer Date now that the estate is complete. Then as I understand it becomes the residents own private estate. We own and control the lot! At least that how we think it should work.

    Comment by Stephen Neville — March 3, 2019 @ 11:18 pm

  9. Hello Damian, thank you for your message. Yes, unfortunately that petition has now closed but it is great that you want to do something about it. If you follow this link it will help you to start your own petition https://petition.parliament.uk/petitions/check

    Comment by Chandni Sahni — February 28, 2019 @ 10:34 am

  10. When I agreed to purchase a retirement apartment the landlord owned the freehold. I now find that he sold the freehold BEFORE my purchase was completed. Any right to first refusal was negated by that.. That is the same for all owners here.

    Comment by Mrs. Chandler — February 17, 2019 @ 12:07 pm

  11. I’ve gone to sign the petition link and it appears that the petition on the 6th of January 2019 has been rejected therefore could anybody tell me or inform me if any additional petition has since been adapted or looked into. We to have issues with this property managment rip-off scheme on our new estate in Bodmin in Cornwall the only solution I can see at the minute is this will be in the next 5 to 10 years the next PPI scandal where we have to try to recover and recuperate our money from these rip-off merchants ! I hope somebody can point me in the right direction with regards to a petition kind regards Damian

    Comment by Damian jones — February 15, 2019 @ 12:21 pm

  12. Hi Paul,

    Sorry to hear about your issues, is your house leasehold or freehold ? It does matter in terms of any challenge to the monies being asked for and the work they say they have done, also how do you know they have not ” adopted ” the first pond ? If they are the nominated maint company then why would they not look after it all ? How do you know they are not looking after the first pond. Their reply regarding legal action is fairly standard fare i am afraid, the bully tactics do tend to work so they carry on using them, i would also advise you raise this with your MP as there are steps being taken in Westminster to attempt to get a grip on this type of sharp practice.

    Comment by Simon — January 30, 2019 @ 4:29 pm

  13. Hello Paul, sorry to read about this situation. As a first step, contact LEASE where you can book a free call for initial advice to understand your rights in challenging these service charges. https://www.lease-advice.org/ If, after taking advantage of the free advice, you need some more, tailored advice, please do consider joining us as a member.

    Comment by Sara Hind — January 30, 2019 @ 12:42 pm

  14. Hi, I’m looking for some advice.

    We have a company maintaining the grounds around our estate. We moved in two years ago and paid a fee upfront as part of the purchase. There are 4 areas to the maintenance agreement, one large park area and balancing pond, a second balancing pond and a small bicycle path no more than 10 – 15 metres long.

    The maintenance company have only adopted the second balancing pond and small bicycle path, the park is still a work in progress (two years later). Yet the company are asking for the full amount paid each year.

    I regularly walk through the areas and I haven’t been happy with their service, I’ve kept photographs of shrubbery growing across the paths and long grass. This stayed the same for a period of 6-8 weeks end of last year.

    I’ve refused to pay the full amount, and I’ve offered a reduced payment, explaining that A) they are only looking after around a third of the area they should be, and B) the service provided isn’t good enough in my opinion.

    I have been told they are very happy with their own service, they regularly inspect and want me to send my photographs to them, but within days of me receiving their email reply I started getting letters saying they have added a fine and will be taking me to court if it isn’t paid in 10 days.

    Which is the best route, Solicitor or Citizen’s advice? I’m not sure how this should be approached now as trying to talk to them isn’t working.

    Comment by Paul — January 28, 2019 @ 10:38 am

  15. Hi Kristian, this is a difficult question for us to answer on this platform with limited information. Please consider becoming a member and our membership team could get more detail from you and look in to this further for you.

    Comment by Sara Hind — January 15, 2019 @ 2:58 pm

  16. Thanks so much, Sara.

    Is it legally possible to purchase without the contractual commitment to the green spaces?

    Comment by Kristian Smith — January 9, 2019 @ 8:24 pm

  17. Hi Kristian, we always recommend that when purchasing a property on a new development that you find your own conveyancer who you can be sure will look after your interests without the risk of a conflict of interest that could arise if using the conveyancing firm recommended by the developer.

    Comment by Sara Hind — January 7, 2019 @ 1:41 pm

  18. Is it possible for a conveyancing solicitor to negotiate out of the Management Charge, given the land is not part owned under the feeehold but indeed common space owned by the building company.

    Comment by Kristian Smith — January 6, 2019 @ 1:41 am

  19. I’ve begun a new petition, would anybody be happy to support it?

    Click this link to sign the petition:
    https://petition.parliament.uk/petitions/236597/sponsors/new?token=TtKuWLGv23afijT1HFA

    My petition:

    Amend Section 106 Agreements to planning permission for New Build Estates

    Section 106 Agreements relate to negotiations between developers and planning authorities which too frequently leave homeowners in a position where they are forced to pay for open space which is not their property and over which they have no influence.

    Most new build estates now carry management charges on freehold properties. This means homeowners pay full council tax and also management charges. Planning permission has often been granted with the council relinquishing responsibility for adopting certain open communal spaces. The charges cover the maintenance of these. These charges are not yet regulated and whilst published charges may be given upon purchase, these could escalate. There is also limited avenues of recourse.

    Comment by Kristian Smith — January 6, 2019 @ 1:38 am

  20. In England, a Summary of Tenants’ Rights and Obligations, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service charges.

    Comment by Sara Hind — January 2, 2019 @ 11:55 am

  21. Take a look at our article on covenants to see if it helps – https://hoa.org.uk/advice/guides-for-homeowners/i-am-buying/restrictive-covenants/

    Comment by Sara Hind — January 2, 2019 @ 11:51 am

  22. Are management companies still required by law to include a Summary Of Rights with an estate service charge payment request?

    Comment by Sye — January 1, 2019 @ 8:17 pm

  23. Great work. Question. We bought a house 13 years ago on an estate. They have had a management company since it was built 38 years ago.

    The estate has been adopted by the council ages ago … before we moved in … and the council maintain the roads, drains, ligts and cut grass on any verges.

    The 250 a year charge (from about 1000 houses) goes solely to fund a residents club (apparently the developer could not build houses here or some rubbish).

    The club is its own registered business with sports facilities and suites for hire, and 2e have no say in how its govermed and get treated badly when weve been because we are not part of the in crowd (which features a lot of non residents!).

    Can they still demand fees 38 years after an estate was built, purely to maintain a clubhouse we cant use? Can i challenge or extricate this charge from the deeds?

    Comment by Anonymous — January 1, 2019 @ 9:47 am

  24. Keep up the good work. Thank you.

    Comment by F E’Gruber — December 24, 2018 @ 3:42 pm

  25. Thanks Sara
    Martin

    Comment by Stockley Martin — December 15, 2018 @ 1:40 pm

  26. Hi Martin, you’ll need to ask the property lawyer who is acting on the purchase to review the title carefully (as they should do in every case). Increasingly land that appears to be “public” (in terms of accessibility) is actually privately owned – but it may only be at the point at which there are problems caused by those who are accessing it (i.e. anti social behaviour) that the owners may be entitled to do something about it.

    Comment by Sara Hind — November 27, 2018 @ 12:27 pm

  27. Read your article on Management fees with interest. We are on a new estate (freehold) and there are open spaces maintained at our expense by an Estate Management Company (ie managing agents). Part of the open space is a large ‘biodiversity area’ ownership of which is about to be transferred from the developers to the Management Company – that’s us, the residents, not the managing agents who carry out the maintenance; the residents will all be directors of the Management Company. If we the residents jointly own the land and pay for its maintenance, can we insist that it is not for the use of the public at large (there are already dog walkers from elsewhere and teenagers sussing it out)?

    Comment by Martin Stockley — November 25, 2018 @ 2:40 pm

  28. Thanks Sarah. We do continue to campaign on the Management of shared open spaces on new build estates as often councils don’t adopt them, and it is difficult to challenge these charges. If you want to take advantage of our membership services and discounts please consider joining HOA https://hoa.org.uk/join-us/ or you can become a campaign member for just £12 for the year. Otherwise, continue or read more about our campaigns on our website https://hoa.org.uk/campaigns/

    Comment by Marianne Cole — November 21, 2018 @ 2:54 pm

  29. We recently bought a new build and the service charge of £200 per year is about to kick in. Looking at what they actually maintain vs how much they charge everyone is eye watering. Our house is freehold as are (I understand) the roads, but there is a little play area and a fence managed by the company. At first we thought it was an ok idea as we can guarantee the maintenance of the area. But now I am starting to panic. I don’t u understand why the local council can’t maintain such a tiny area… keen to get involved in a petition etc if someone will have power to change it

    Comment by Sarah Baines — November 20, 2018 @ 5:53 pm

  30. Ref the post by Rebnic – I would suggest that before you purchase to ask
    someone who does not have an interest in selling you a house to look at the
    contract to ensure you are fully aware what you ‘could’ be paying in the future,
    remember it is totally open ended, the parish fund ! God knows what that is.
    If the house is Freehold then you have fewer rights than if it was leasehold, odd
    i know but true. The sale of new build private estates is akin to the ancient
    Sirens who lured unsuspecting sailors onto the rocks. Be careful.

    Comment by Simon — November 19, 2018 @ 8:56 pm

  31. If you are outraged by this whole estate charge rip off, please the HorNet campaign for compulsory adoption. Write to your MP – lots of people are doing this and the pressure is building for change. A 10 minute rule bill is shortly (Mov 14th) being tabled about estate charges which is expected to raise awareness of the issue. This could be the first step towards protecting home owners on privately owned estates.

    Comment by Cathy P — November 13, 2018 @ 6:38 am

  32. Just about to purchase a new build with help to buy freehold Miller homes. And whilst reserving today found a small box on the paperwork stating service charge. ‘Bigwood’ estimated cost 140 per year?! After reading all this I am scared!! And nervous!! I was told you could always choose another management company if your not happy if all other residents agree?! But after reading this I don’t think this is the case. This petition needs more marketing and restarting. This could be a real big problem due to the number of new houses being built at the moment. May I also add that the council tax is high and I’m also paying into a parish fund as well! Where does it stop. If the residents are paying for these areas they should be gated for our use only!! So upset!! Should I pull out. The government should not allow this to go on!!

    Comment by Rebnic — November 4, 2018 @ 3:57 pm

  33. Hello Mrs Clarke, thank you for your message! Sorry to hear about the challenges you are facing but it is great that you want to do something about it. If you follow this link it will help you to start your own petition https://petition.parliament.uk/petitions/check

    Comment by Chandni Sahni — October 23, 2018 @ 1:16 pm

  34. I have now written to my MP regarding this utter nonsense and asked her to campaign about this. I may have been lucky and not purchased a new build but my children now have fewer options when they come to buy and help to buy has increased prices of all property. We must also remember that it’s not just about half yearly fees payable on the new build estates that are not due from other home owners, there is a real risk of serious financial pain, let us remember that the new build housing developments are ‘ private’ and anything that happens on them is the responsibility of the home owners…… how about the arrival of the travelling community on the open green land, fly tipping….. sink holes….. etc, who do you think pays to sort this out, not the council that is for sure. This is like an open wound and the new buyers are being sold a pup, I see no reason other than profit why a developer would keep the estate private and not have it adopted. What a shambles.

    Comment by Simon — October 17, 2018 @ 9:46 am

  35. Please can you restart the petition parliament petition. I am certain we could get more signatures via social media
    https://petition.parliament.uk/archived/petitions/165770

    Comment by Anna Finlason — October 17, 2018 @ 1:07 am

  36. We own a freehold home and have been paying management fees for the past 12 years to maintain Aqua cells (to collect water in case of flood – fortunately, we were some of the luckier ones as the land was eventually adopted by the local authority). Whilst the charge is reasonable for this maintenance the costs to maintain the cells, including the companies insurance etc, far exceeds the actual costs to the company , i am extremely frustrated also now, since needing to alter our title deeds that I am required to pay money to the management. Company as they are tied into our deeds with a restriction.
    it seems as if the management companies are in place to simply make money for providing very little service and creating more legal hoops to jump through. Management companies have clients in a sort of headlock (charging prices to create deeds of covenants and compliance certificates When changes are required or a property is sold).
    I am so disappointed and frustrated that these created companies are making money whilst providing very little (I recognise my situation is slightly different with the aqua cells (although charges are far too high to maintain them) but for those paying fees for public spaces? It’s a travesty.

    Comment by Anna Finlason — October 17, 2018 @ 12:47 am

  37. I have just seen that HorNet’s petition was only open for 6 months. I have only just moved to a new build and am having difficulty with the management charges because they don’t have to tell us what they are spending our money on. I now understand what the hoohar was all about because I want to do something about it all. Can another petition be started? Can I start a petition? Who starts these petitions so that the Government will take us seriously? We need far more than the 1100 or so that did sign and I think that was only because people do not know about it. The estimate of it affecting around 1/2 million is probably an under-estimate now, given the amount of building going on in the UK and it is just a licence for unscrupulous people to print money. It has to be stopped. Look forward to hearing from anyone that can help.

    Comment by Mrs Clarke — October 16, 2018 @ 10:44 pm

  38. This is a dreadful situation and they should be brought to account. My son bought a discounted new build 2 bed house through the help to buy scheme. It was discounted by 30% and when sold in the future he will sell for 30% less than the normal valuation price . not only did it cost more to buy as he had to use the recommended solicitor/building society his mortgage interest rate was higher his legal fees cost more and now he has just had the first management bill through for development maintenance service fees £400.00. How on earth are first time buyers on low income suppose to manage ? I thought the government were helping young people to get on the ladder not fall straight off it.

    Comment by Simon Corkhill — October 15, 2018 @ 11:52 am

  39. This is happening on the estate where I live in Sleaford, no cooperation from the management company, total disregard for home owners , and now they have employed another company to collect the fees.There have been three so called landscape companies used in the last 12 months all rubbish but nothing is done about it. I have taken the matter up with the local M P.

    Comment by Maurice Etherington — October 8, 2018 @ 12:11 am

  40. You Should look at Hopkins Homes Norfolk!!!! Watton

    Comment by I.Shepherd — October 3, 2018 @ 7:34 pm

  41. The admin costs on our Redrow Development in Bideford are £15k. The cost of the contract for actually doing the grass and hedge cutting is £8,800. How can this be legal?

    Comment by Lizzie Woolfenden — September 19, 2018 @ 7:08 pm

  42. I have had an interest in this unfolding disaster since i ‘ missed a bullet’ when
    i pulled out of buying a leasehold house (with svc charges) on a new build, thank
    god i did, i now own a freehold house with the land outside my house maintained
    by the local authority. This is an utter scandal and i can see a time in the very near future when there will be two types of properties for sale, those with ongoing charges
    payable to 3rd parties and those like mine which are free of such restrictions, i can
    see the values of the former being worth a lot less, it is totally unfair and these
    homeowners are being hung out to dry by this govt who are too busy doing bugger
    all about Brexit. God help them when it comes time to sell.

    Comment by Simon — September 14, 2018 @ 9:41 pm

  43. Personally, i feel that the management fee is unacceptable and authorities discriminates new home buyer. The council should reduces the council tax to match the extra estate charge for new build home as long as they are expecting new home buyers to maintain their surroundings.

    Comment by puvan — August 31, 2018 @ 8:32 pm

  44. Hi Zac, please consider becoming a member, you’ll have access to our Home Helpline team and a free legal call should you need it.

    Comment by Sara Hind — July 4, 2018 @ 3:37 pm

  45. I am really stressed about the same issue, i am in the same situation now.

    I paid the agreed amount, now they’ve sent me another letter asking for more money because there is a deficit on the account. I really do not have the money to pay this bogus service charge anymore. Is there a way round this? I am absolutely fuming because they haven’t done anything on the estate that warrant the charges. This is breaking many family up. Any advice will be appreciated.

    Comment by Zac — July 2, 2018 @ 8:13 pm

  46. Hello Mike, if you wanted to consider taking out a membership with us, one of the benefits would be a free legal call.

    Comment by Sara Hind — June 27, 2018 @ 2:09 pm

  47. I am a Councillor on South Gloucestershire Council serving on one of its development control committees. I am also,a Councillor on Yate Town Council which manages play areas and open spaces in the Town.

    I and Yate Town Council believe that all the open spaces and play areas in the Town should be managed by the Town Council including the new developments. I argue for this at Development Control however the Planning Officers say that we can not impose a condition for the developers to hand them over to the Town Council – the majority accept this “advice”.

    I would be grateful if you can give me any legal advice on the issue.

    Comment by Mike Drew — June 17, 2018 @ 10:14 pm

  48. This is a HUGE scandal waiting to burst into the mainstream.

    It affects hundreds of thousands of families in the UK!

    This story WILL be even bigger than PPI when it all becomes common knowledge.

    Comment by Liv Lee — June 5, 2018 @ 1:43 pm

  49. How is it even possible and why no one is doing anything about it, not fair trapping people into unavoidable, increasing charges. People fall for small service charge at first, but in fact they are not in any way protected from increase or have no way of challenging the fee, if you are freeholder.

    Comment by Aga — October 24, 2017 @ 11:02 am

  50. Yes. This happens.

    Comment by Andrew Smith — February 3, 2017 @ 5:16 pm

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