Legal warning over new-builds with communal areas

Legal warning over new-builds with communal areas


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Investors or other buyers purchasing new-build properties are being urged to understand estate management arrangements before exchanging contracts, as privately managed communal areas become increasingly common.

That’s the advice from legal firm Lyons Bowe. 

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It says the presence of an estate management charge should not in itself be a reason for buyers to reconsider purchasing a new-build home., but they should seek legal advice.

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New-build developments can include privately managed roads, green spaces, drainage systems, play areas and other communal facilities. 

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Rather than being adopted and maintained by the local authority, these areas may be managed by a private estate management company, with homeowners contributing towards the associated costs.

Estate management charges commonly range between £200 and £500 a year, although they can exceed £1,000 on larger or more premium developments. 

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Unlike council tax, these charges are generally not subject to the same statutory framework, making it important for buyers to understand how fees are calculated, what they cover and how they may change over time.

Lyons Bowe insists that for buyers, the key issue is not simply the existence of a charge, but whether they understand the legal and financial commitments associated with their new home.

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A spokesperson comments: “New-build homes offer buyers a huge number of benefits, and the presence of an estate management charge shouldn’t in itself be a reason to reconsider a purchase. 

“The important thing is that buyers understand exactly what they’re committing to before they exchange contracts.

“As developments become larger and more complex, there can be questions around estate charges, communal areas and management arrangements. 

“A good conveyancer should identify those issues early, explain them clearly and, where necessary, work with the developer and other parties to find practical solutions.

“For estate agents and developers, having the right conveyancing partner can make a real difference. 

“Buyers who receive clear answers to their questions are more likely to proceed with confidence, while identifying potential issues early can help prevent unnecessary delays later in the transaction.”

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