Advice on setting up management company for an un adopted road

duffus

I live in a fairly new development of 6 houses. The developer was supposed to have set up a management company on completion of the building work and pass it over to the householders. Unfortunately she did not finish the road surface or communal areas and will no longer communicate with us. She has sent us the transfer documents to us all now so it  appears that we are the owners of these communal areas and therefore presumably have responsibility for them. We all knew that this was going to happen but now have to set it up for ourselves, which may be preferable as we will be in full control of all decisions. 
Can anyone advise us what cover we need to have  with regard to public liability and anything else that we need to consider please?
The council have issued breach of planning regulations notices but these have been ignored and the council is really not interested in pursuing this through the courts.
Any useful suggestions would be gratefully received.
Thanks

Jellynailer

There are two separate issues here: unadopted road and maintenance, renewal etc of communal spaces.  The first should have been dealt with at the planning stage i.e. a requirement for the developer to make the road up to the required condition including drains etc.  (1980 Highways Act.) Your conveyancer should have raised concerns because searches would have shown the road is not adopted.

Having said this, a commitment to make up the road to l.a. standards should be in the schedules of your transfer deeds along with clauses relating to the communal spaces. The transfer deed is drawn up for the first house that is sold and then the other 5 houses will have the same deeds.  If your house is not the first sold then it was another conveyancer who failed to do a proper job.

All is not lost.  I live in a development of 6 properties without a management committee.  The deeds state payment of a fair proportion to the cost of maintenance, renewal etc.  Half the owners were not concerned about the dereliction around them and did not want to form a residents management group.

So, I arranged quotes for the work needed, notified them of the most expensive quote and a month later produced the lowest quote to which they happily agreed.  However, I did make a rod because 10 years later I am still paying for maintenance and having to chase reluctant payers although I would rather do this than live in a slum.

The plus in all this was that I complained to the law society about the inadequate searches done by my conveyancer and was award several hundred pounds.

Finally, I am shocked that the Planning Department is not willing to proceed.  I suggest that you all appeal this decision and, if unsuccessful, complain to the Local Government Ombudsman.  

Hope this is helpful.

duffus

Thank you for your comments Jellynailer.