Stratford-on-Avon District Council has carried out a review into the management and maintenance of open spaces and other infrastructure on new housing developments across the District.
The review looked at privately managed open spaces, sustainable drainage systems (SuDS), estate roads and other infrastructure that may not be adopted or maintained by a local authority or other public body.
Why the District Council carried out the review
As new communities are created, residents can sometimes be required to pay management charges towards the upkeep of shared spaces and infrastructure on their development.
The District Council established a Task and Finish Group to look more closely at these arrangements, including the experiences of residents and the role the District Council can play through the planning process.
What the review looked at
The Task and Finish Group considered areas including:
- the management and maintenance of open spaces on new developments
- sustainable drainage systems (SuDS)
- estate roads and other infrastructure
- arrangements for adopting and maintaining these areas
- management companies and charges paid by residents
- the information available to people buying homes on new developments
- how the planning process could help improve future arrangements.
What the District Council is doing
Following the review, the District Council supported a range of actions to provide clearer information and support for residents and town and parish councils dealing with privately managed public open spaces.
These include:
- developing an online checklist for residents buying homes on developments with private management arrangements, and for town and parish councils considering taking on public open space
- providing training for district, town and parish councillors to support them when considering the adoption of public open space
- improving how decisions about the adoption of public open space are recorded and monitored
- establishing clear criteria for when the District Council may consider adopting public open space if a town or parish council chooses not to
- maintaining a central Council record of known sites operated by private management companies to support better monitoring of Section 106 planning obligations
- considering what additional resources are needed to investigate non-compliance with Section 106 obligations and provide further support to town and parish councils
- signposting residents to relevant support forums and organisations
- taking appropriate steps when public open space protected through a Section 106 agreement is proposed for sale or transfer, to help ensure its protections remain in place.
SDC has also made representations to Government following its consultation on reducing the prevalence of private estate management arrangements. However, the review recognised that the District Council has limited powers over existing private agreements between homeowners and management companies, and that wider changes to address these arrangements will require action at national level.
Link to full report
Frequently Asked Questions
What is an estate management charge?
An estate management charge is a fee paid by homeowners towards the upkeep of shared areas on a development. This could include open spaces, landscaping, play areas, sustainable drainage systems, ponds, lighting, private roads and other communal facilities.
Why do I have to pay an estate management charge?
On some developments, these areas are not adopted and maintained by the local authority or highway authority. Instead, a private management company is appointed to maintain them, with the costs shared between homeowners.
How much will I have to pay?
Charges vary between developments and can change over time. Before buying a property, ask your solicitor or conveyancer for details of the current charge, what it covers and how future increases are determined.
Can estate management charges increase?
Yes. Charges can increase if maintenance costs rise or additional works are required. Your solicitor should explain any provisions within the legal documents that allow charges to be reviewed or increased.
Who owns and maintains the open spaces on my development?
This will depend on the arrangements for your specific development. Responsibility may lie with a private management company, a landowner, a town or parish council, or in some cases a public authority if the land has been adopted.
Can I refuse to pay estate management charges?
Estate management charges are usually linked to legal obligations contained within property deeds or transfer documents. Failure to pay could result in enforcement action. If you have concerns, you should seek independent legal advice.
What can I do if I'm unhappy with the service provided by the management company?
You should raise your concerns directly with the management company and keep records of all correspondence. If issues remain unresolved, you may wish to seek independent legal advice or work with other residents to raise concerns collectively.
Can the Council intervene in disputes with management companies?
The District Council's powers are limited because estate management arrangements are generally private legal agreements between homeowners and management companies. The Council cannot become involved in individual contractual disputes or provide legal advice.
How can I find out whether a property is affected before I buy?
Ask your solicitor or conveyancer to investigate:
- Whether estate management charges apply.
- Who is responsible for maintaining shared areas.
- How much the charges are.
- Whether roads, drainage systems or open spaces are planned to be adopted in the future.
- What rights homeowners have to challenge charges or services.
Are there any planned changes to these arrangements nationally?
The Government has consulted on proposals to reduce the use of private estate management arrangements and improve protections for homeowners. Further information can be found on the GOV.UK website.
Remember: If you're considering buying a property on a new development, take time to understand any estate management arrangements before you exchange contracts. Asking the right questions at the start can help you make an informed decision and avoid unexpected costs in the future.