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New Build Service Charge
Matt9300
Posts: 10 Forumite
I have just been researching the Service Charge on my Estate and within the planning application it states:
A) MAINTENANCE GENERALLY. Maintenance shall commence from the completion of works on site and shall cease 12 months following the completion date. The contractor shall be responsible for the timing of visits to ensure the site has a well maintained appearance. The Contractor's maintenance rate shall include for all the following items:-
However I have contacted the managment company asking if they are maintaining the site for one year and they believe the agreement to be in perpetuity, which to me, is going against what was agreed as part of the succesful planning application.
I am not disputing the first 12 months which I plan to pay, however, given the fact I cannot find any mention of a time scale other than 12 months I feel that this should apply (I'm a novice at this stuff)
If anyone has advice on where to go with this I would be grateful.
A) MAINTENANCE GENERALLY. Maintenance shall commence from the completion of works on site and shall cease 12 months following the completion date. The contractor shall be responsible for the timing of visits to ensure the site has a well maintained appearance. The Contractor's maintenance rate shall include for all the following items:-
However I have contacted the managment company asking if they are maintaining the site for one year and they believe the agreement to be in perpetuity, which to me, is going against what was agreed as part of the succesful planning application.
I am not disputing the first 12 months which I plan to pay, however, given the fact I cannot find any mention of a time scale other than 12 months I feel that this should apply (I'm a novice at this stuff)
If anyone has advice on where to go with this I would be grateful.
0
Comments
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That's just part of the planning conditions. The site developer has to maintain the site appearance as part of the planning conditions while construction is going on. Once construction is finished the management company will take over. If they don't maintain it in future years then just don't pay, no court is going rule you should pay someone to do nothing.0
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What do your title deeds say?0
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What you quote sounds like its part of an agreement between the developers and the planning authority. You're not a party to that agreement, so it doesn't really relate to you.
You will have a separate agreement, that's between you and the developers (or the management company). If your property is leasehold, that agreement would be is the lease. If your property is freehold, that agreement is likely to be a Deed of Covenant.
So you need to read the Lease or Deed of Covenant (and perhaps the purchase contract) to check what maintenance terms you have agreed to.0 -
Read the TP1. The terms for maintaining common areas on the estate will be in there. You should have been made aware of this by your solicitor when you bought the house.0
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