Major Works and Consultation "Section 20" A Warning

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  • #46
    Am I right in thinking that providing our service charge budget for the year for repairs and maintenance doesn't exceed £250 per flat, we don't need to consult?

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    • #47
      Morning

      No you dont. Your service charges are in advance and therefore an estimate, and need only be reasonable.

      It's when you spend more than £250 of qualifying works, for any one flat, not per flat, either in a project or cumilativley over the budget period, that you have to consult.
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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      • #48
        Good morning!
        I looked into the definition of qualifying works and wasn't sure if routine redecoration of communal areas fall into it?

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        • #49
          Originally posted by Carine View Post
          Good morning!
          I looked into the definition of qualifying works and wasn't sure if routine redecoration of communal areas fall into it?
          Qw's were defined in 1999 in a court case but that was under the older form of section 20 and is therefore suspect given the two recent big cases.

          Internal redecorations are QW's.

          If you scroll back through the thread I have set out useful advice on that -in amongst the niggling posts of others.....
          Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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          • #50
            Our RTM is about to start section 20 process.
            Do we have to notify our freeholder?

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            • #51
              In general no. In your case definately not.

              However if they make a contribution by virtue of having a dwelling ie own a flat you would, or if it is other premises say commercial, then RTM should follow the Commercial Code for SC, by the RICS, which recommends discussion and input.

              The other case is the work involves alterations that affect their leases and/or reversion. Routine decorations etc would not be, as an example.
              Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

              Comment

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