Most leaseholders pay thousands a year in service charges to a managing agent but have no clear picture of what that money covers. Most directors appoint one but have never benchmarked what "competent" looks like. The reality is that managing agents are responsible for an enormous amount of work across 145+ regulatory obligationsBuilding Trust compliance mapping across fire safety, health and safety, company law, leasehold law, data protection, and building safety. Count as of March 2026., often for fees that are at or below cost. The issue is rarely that they do too little. It is that nobody involved has a clear picture of what the job actually requires.
This guide is for general information only. It does not constitute legal advice. Building Trust is a property management technology platform, not a managing agent. Seek professional advice before acting.
A managing agent is appointed by the freeholder, an RMC, or an RTM company to handle day-to-day management. They act on your behalf, but the legal responsibility for compliance still sits with the directors. The scope of work below is significant. Many leaseholders expect champagne service for prosecco prices, without knowing what the job actually involves. Equally, many directors have no way to tell whether their agent is meeting the standard or falling short. Both problems start in the same place: a lack of visibility.
Not every obligation applies to every building. The rules change based on height, number of storeys, and number of residential units. This table shows which requirements kick in at each threshold. It is one of the main reasons people get confused.
| Obligation | Any block 2+ flats, any height |
Above 11m ~4+ storeys |
18m+ / 7+ storeys Higher-risk building |
|---|---|---|---|
| Fire safety | |||
| Fire Risk AssessmentRegulatory Reform (Fire Safety) Order 2005, Article 9. The 'Responsible Person' must make a suitable and sufficient assessment of fire risks in communal areas. No height threshold. Must be reviewed regularly. Source | Yes | Yes | Yes |
| Responsible Person dutiesFire Safety Order 2005, Article 3. The Responsible Person (typically the freeholder, RMC directors, or managing agent acting on their behalf) must take general fire precautions and ensure the safety of relevant persons. Applies to all buildings with communal areas. Source | Yes | Yes | Yes |
| Fire safety information to residentsFire Safety (England) Regulations 2022, Reg 9. Responsible Person must provide fire safety instructions to all residents at least annually, including how to report a fire and evacuation procedures. Applies to all multi-occupied residential buildings. Source | Yes | Yes | Yes |
| Quarterly communal fire door checksFire Safety (England) Regulations 2022, Reg 10. Communal fire doors must be checked at least every 3 months. Flat entrance doors checked annually (best endeavours). Applies to buildings above 11m with 2+ sets of domestic premises. Source | — | Yes | Yes |
| Annual flat entrance door checksFire Safety (England) Regulations 2022, Reg 10. Flat entrance doors that open onto communal areas must be checked at least every 12 months using best endeavours. Applies to buildings above 11m with 2+ sets of domestic premises. Source | — | Yes | Yes |
| Secure information boxFire Safety (England) Regulations 2022, Reg 4. High-rise residential buildings (18m+ or 7+ storeys) must install a secure information box accessible to the fire service, containing floor plans, building plans, and Responsible Person contact details. Source | — | — | Yes |
| PEEPs for vulnerable residentsFire Safety (Residential Evacuation Plans) (England) Regulations 2025 (SI 2025/797), in force 6 April 2026. Person-centred fire risk assessments and evacuation plans for residents with mobility or cognitive impairments. Applies to 18m+/7+ storey buildings, and 11m+ buildings with simultaneous evacuation. Source | — | Only if simultaneous evacuation | Yes |
| Building Emergency Evacuation PlanFire Safety (Residential Evacuation Plans) (England) Regulations 2025 (SI 2025/797), in force 6 April 2026. A building-level evacuation plan that must be shared with the local Fire and Rescue Authority and placed in the secure information box. Reviewed annually. Same threshold as PEEPs. Source | — | Only if simultaneous evacuation | Yes |
| Building Safety Act 2022 | |||
| Accountable PersonBuilding Safety Act 2022, Part 4, s.72. The Principal Accountable Person must register with the Building Safety Regulator, manage building safety risks, and engage with residents. Applies only to higher-risk buildings: 18m+ or 7+ storeys, with 2+ residential units. Source | — | — | Yes |
| Register with Building Safety RegulatorBuilding Safety Act 2022, s.65. Higher-risk buildings must be registered with the BSR. It is a criminal offence to allow residents to occupy an unregistered higher-risk building. Registration opened April 2023, enforcement from April 2024. Source | — | — | Yes |
| Building Assessment CertificateBuilding Safety Act 2022, ss.79-80. The BSR instructs the Principal Accountable Person to apply for a certificate every 5 years. Demonstrates compliance with building safety duties. Must include safety case report and resident engagement strategy. Source | — | — | Yes |
| Leaseholder remediation protectionsBuilding Safety Act 2022, ss.116-122 and Schedule 8. Protects leaseholders from service charge recovery for 'relevant defects' (fire spread or structural collapse). Lower threshold than other BSA duties: applies to buildings over 11m or 5+ storeys with 2+ residential units. Includes full cladding cost exemption and non-cladding cost caps. Source | — | Yes | Yes |
| Health and safety | |||
| Annual gas safety inspectionGas Safety (Installation and Use) Regulations 1998, Reg 36. Communal boilers and shared gas installations must be checked by a Gas Safe registered engineer every 12 months. Records kept for 2 years. Penalties for non-compliance include unlimited fines and imprisonment. Source | Yes | Yes | Yes |
| 5-yearly EICRElectrical Safety Standards in the Private Rented Sector (England) Regulations 2020. Electrical Installation Condition Report required every 5 years for communal installations. Remedial work must be completed within 28 days. Penalties up to £30,000 for non-compliance. Source | Yes | Yes | Yes |
| Asbestos duty to manageControl of Asbestos Regulations 2012, Reg 4. Duty holder must identify asbestos-containing materials in communal areas (corridors, stairways, lifts, bin stores, boiler rooms) and maintain a management plan. Survey required before any refurbishment or demolition work. Source | Yes | Yes | Yes |
| Legionella risk assessmentHealth and Safety at Work Act 1974, HSE Approved Code of Practice L8. Required for communal water systems (tanks, showers, cooling towers). No fixed statutory frequency but HSE recommends review every 2 years. Communal water tanks require annual inspection. Source | Yes | Yes | Yes |
| Lift inspections (6-monthly, LOLER)Lifting Operations and Lifting Equipment Regulations 1998 (LOLER). Passenger lifts must be thoroughly examined by a competent person at least every 6 months. Falls under Health and Safety at Work Act 1974. Only applies where a lift is present. Source | If lift present | If lift present | Yes |
| Leasehold and company law | |||
| Service charge rules (LTA 1985)Landlord and Tenant Act 1985, ss.18-30. Service charges must be reasonable (s.19), demands must include landlord name and address (s.47/48), and a summary of rights and obligations (s.21B). Costs over 18 months old are unrecoverable without notice (s.20B). Source | Yes | Yes | Yes |
| S20 consultationLandlord and Tenant Act 1985, s.20, as amended by CLRA 2002. Two separate processes: qualifying works (£250/leaseholder threshold) and qualifying long-term agreements over 12 months (£100/leaseholder/year). Failure to consult caps recovery at the threshold amount. Source | Yes | Yes | Yes |
| Insurance commission transparencyLeasehold and Freehold Reform Act 2024 replaces insurance commissions with a regulated 'permitted insurance fee' regime. Landlords must disclose policy features, premiums, intermediary remuneration, and conflicts of interest. Secondary legislation pending. Source | Yes | Yes | Yes |
| Companies Act duties (RMC/RTM)Companies Act 2006. Directors of RMCs and RTM companies must file annual confirmation statements, maintain statutory registers, hold AGMs, and comply with director duties (ss.171-177). Late filing penalties from £150 to £1,500. Personal liability for directors who fail to comply. Source | Yes | Yes | Yes |
This table covers the most common statutory obligations. It is not exhaustive. Some obligations depend on building type (e.g. converted house vs purpose-built), tenure (freehold vs leasehold), and whether the building has specific features (communal boilers, water tanks, lifts). Always take professional advice for your specific building.
A residential block of flats is subject to 145+ regulatory obligationsBuilding Trust compliance mapping across fire safety, health and safety, company law, leasehold law, data protection, and building safety. Count as of March 2026. across fire safety, health and safety, company law, leasehold law, data protection, and building safety. The table below covers the statutes most directly relevant to block management.
| Legislation / Code | Relevance to block management |
|---|---|
| Landlord and Tenant Act 1985 | Service charge reasonableness (s.19), right to a summary of costs (s.21), right to inspect receipts (s.22), consultation requirements (s.20) |
| Commonhold and Leasehold Reform Act 2002 | Right to Manage, section 20 consultation thresholds (£250 works, £100 long-term agreements) |
| Leasehold and Freehold Reform Act 2024 | Insurance commission transparency, permitted fees regime, enhanced leaseholder rights |
| Regulatory Reform (Fire Safety) Order 2005 | Fire risk assessment duty on the Responsible Person for communal areas |
| Fire Safety Act 2021 and Regulations 2022 | Extended scope to structure, external walls, flat entrance doors. Quarterly communal fire door checks for buildings above 11m |
| Building Safety Act 2022 | Building Safety Regulator, Accountable Person, resident engagement strategy for higher-risk buildings (7+ storeys or 18m+) |
| Health and Safety at Work Act 1974 | General duty of care for communal areas. Underpins gas, electrical, asbestos, legionella, and lift safety obligations |
| Companies Act 2006 | Director duties, statutory filing, AGMs, annual confirmation statements for RMCs and RTM companies |
| RICS Service Charge Code (4th ed.) | Best practice standard for service charge management. Effective 7 April 2026. Approved by Secretary of State |
Appointing a managing agent does not remove your legal obligations as a director. If the agent fails to commission a fire risk assessment, it is the directors of the RMC or RTM company who face prosecution under the Fire Safety Order. If they mishandle client money, it is the directors who answer to leaseholders at tribunal. The managing agent is a contractor. The directors are the duty holders.
This is why visibility matters. You need to know what your managing agent is doing, what they have missed, and whether their work actually meets the standard the law requires. Most directors do not find out until something goes wrong.
67% of leaseholdersEnglish Housing Survey 2023-2024. The survey did not include complaints to The Property Ombudsman and Property Redress Scheme. Source who complained about management of their property to their managing agent were not happy with the response. 78% of thoseEnglish Housing Survey 2023-2024, via LEASE Redress Insight Report. Leaseholders cited the process seeming too time-consuming, costly, or stressful. Source then chose not to escalate further. Most people give up before they get anywhere.
LEASE-iQ reads your actual lease and tells you what the freeholder or managing agent can charge you for, what rights you have, and where the gaps are. BLOCK-iQ tracks every compliance obligation so you can see what has been done and what has been missed.
Learn more about LEASE-iQ →Whether you have a managing agent or run the building yourselves, these are the quickest ways to find out what is actually happening in your building.
Upload your lease to LEASE-iQ and find out what your managing agent can and cannot charge you for.
Try LEASE-iQ free →Answer 10 questions and get a personalised compliance score showing what is overdue in your building.
Start the audit →Compare what you pay against averages for your area and building type. Takes 30 seconds.
Use the calculator →