Residents’ Management Company Rights and Responsibilities in Listed Blocks of Flats
Sinead Campbell from London Flats Insurance discusses the rights and responsibilities of RMCs of listed blocks of flats.
Leaseholders who have formed a Residents’ Management Company (RMC) to handle the day to day running of their listed, residential flats have a few unique rights and responsibilities.
While playing a crucial role in the upkeep of historical, residential buildings, RMCs will face additional legal and practical challenges. Their responsibilities must be navigated carefully to ensure safety, compliance and the preservation of the building they call home.
Understanding Listed Buildings
A listed building is a structure recognised for its special architectural or historic significance. In the UK, buildings are listed under three categories:
- Grade I – Buildings of exceptional interest.
- Grade II* – Particularly important buildings of more than special interest.
- Grade II – Buildings of national importance and special interest.
Listed properties are strictly regulated to ensure that their historical and architectural integrity is upheld.
Maintenance and Repairs
As with any other residential building under the watchful eye of an RMC, the common parts of the building must be maintained. Responsibilities extend to shared facilities, external spaces, hallways and common areas.
Regular inspections and assessments are vital for early detection of any deterioration. Catching things early can prevent any emergency repairs and help with the planning of financial outlays.
Repairs and preventative measures must be completed by skilled, heritage-aware tradespeople who utilise traditional materials and methods. Their work must meet modern safety standards as well as conservation requirements. Employing expertise in this area is necessary and can be costly.
Alterations and Permissions
Unlike standard properties, listed buildings are subject to strict controls regarding modifications. Any significant alterations (such as changing windows, roofing or internal layouts) require Listed Building Consent (LBC) from the local planning authority.
If the building is in a conservation area, further planning controls may also apply. RMCs should consult with heritage specialists and conservation officers to ensure full compliance. They must also communicate any preservation requirements to their fellow leaseholders to avoid any unintentional breaches.
The Planning (Listed Buildings and Conservation Areas) Act 1990 outlines obligations for maintaining listed structures and obtaining proper permissions. Failing to adhere to preservation law can lead to legal penalties including fines and enforced restoration at the owner’s expense.
Setting and Enforcing Service Charges
Now that we have covered the responsibilities faced by RMCs, we can discuss the rights they have that enable them to maintain the property.
Service charges are collected from leaseholders of all residential buildings to cover the costs associated with the maintenance of common areas. For leaseholders in listed buildings, RMCs can include the additional costs incurred by maintenance and compliance.
Ensuring fair and reasonable charges and providing clear cost breakdowns to leaseholders is essential. Establishing a sinking fund for the sake of any major repairs can also help prevent any financial strain for residents.
Decision-Making Authority
RMCs normally hold decision-making power over communal areas and essential services. They can select and manage any contractors hired to complete works, meaning that qualified heritage specialists can be employed where necessary.
If within their authority RMCs can also implement their own rules and policies to help balance the preservation of the building with the demands of modern living.
Seeking Professional Advice
RMCs are entitled to seek professional guidance from conservation officers, planning consultants and heritage property solicitors. The costs for these services can be justifiably recovered from service charges as they ensure compliance and safety.
In Summary
Managing a listed building comes with a unique set of responsibilities. Careful planning and adherence to legal and regulatory frameworks are essential, so RMCs must stay informed about their obligations. Compliance and effective property management must run concurrently to maintain the historic integrity of the building and the happiness of its residents.