This website uses non-intrusive cookies to improve your user experience. You can visit our cookie privacy page for more information.

Case 156 - Residents being charged for annual assessment of communal areas around residential housing

Issue

Residents are being charged by the managing agent for an annual assessment of the condition of the common parts of the area around residential housing.

The managing agent claim that this is a health and safety/fire risk assessment required by Section 4 of the Health and Safety at Work etc. Act 1974.

The response to the enquirer suggests the managing agents procedures relate to apartment blocks rather than common areas around houses which the enquirer lives in.

Panel decision

Managing agents are required to carry out a risk assessment of communal areas to assure the safety of residents and contractors, but there is no requirement for this to be re-done on an annual basis, only if there are significant changes to circumstances.

Furthermore the panel do not understand why a specific fee is being levied for this, any review could be sensibly and proportionately included in routine maintenance and inspection which would then presumably be covered by the normal management fee.

2013-04-08