16 Mar 2026
CIH responds to government consultations on freehold estate protections and private estate management
The Chartered Institute of Housing (CIH) has responded to two UK government consultations examining issues related to freehold estates and private estate management arrangements.
Both consultations consider challenges faced by homeowners, including the rights available to challenge estate management costs and the wider issue of whether estate infrastructure such as roads, drainage and open spaces should be privately or publicly maintained in future.
CIH’s responses highlight the need for greater transparency and better protections for existing homeowners as well as a return to the public management of estate infrastructure to ensure fairness for homeowners buying new properties in future.
CIH also stresses the importance of ensuring that such reforms are supported by sufficient funding for local authorities.
Summary
We support the principles of providing existing homeowners with similar rights to leaseholders, including the option to challenge unreasonable costs at the First-tier Tribunal. This is a sensible route to providing an efficient and cost-effective dispute resolution process.
CIH supports the government’s intention to repeal sections 121 and 122 of the Law of Property Act 1925 to remove disproportionate enforcement remedies from rent charge owners and protect homeowners from unjust repossession action.
We agree that homeowners in this position need more and better regulation to improve transparency and information regarding charges and services. We look forward to these reforms being implemented as quickly as possible.
We agree with the minimum information proposed for the annual report and believe a prescribed format would make it easier for most homeowners and estate managers. However, in certain circumstances, a de minimis requirement could be considered. For example, this could be appropriate for smaller estates where residents do not appoint a managing agent but instead self-manage to save costs.
We urge government to implement these reforms in a timely manner that maintains a balance between useful and necessary regulation, without increasing costs for homeowners.
For more information, contact Chloe Fletcher, CIH head of policy and external affairs, at: chloe.fletcher@cih.org
Summary
CIH welcomes the government reviewing how to reduce the growth of private estates and the resulting two-tier housing market, where some homeowners pay privately to maintain public amenities while also paying full taxes. These issues appear to have arisen without sufficient consideration of the long-term consequences of decisions by developers, local authorities and utilities, often driven by commercial pressures and reduced public funding over recent decades.
The result is a two-tier system in which newer homes can be more expensive to maintain and face greater management issues than older homes, which typically benefit from adopted roads, parks and sewers. In some cases, it also creates situations where no organisation clearly takes responsibility for essential infrastructure, such as sewers, which could pose a public health risk. This is an unfair and unnecessarily complex system that appears to be an unintended consequence of wider policy and funding decisions.
CIH supports the mandatory adoption of public amenities, such as roads, water, sewerage and open spaces, by local authorities and utility companies. Housing is a public good and the supporting infrastructure should be treated as such.
Councils must be given the funding needed to do this effectively, including adequate staffing to progress adoption agreements and ensure bonds and commuted sums are appropriate. Consideration should also be given to introducing a national standard for calculating these.There may be limited cases where exemptions are justified, such as gated communities or genuinely private facilities.
Given the number of estates already affected and the fundamental unfairness involved, the government should also consider a process to encourage the adoption of amenities on existing private estates. As more estates fall into this category, there is a growing risk of significant future costs when infrastructure requires repair or replacement. We are already aware of cases where homeowners and estate managers have been left unclear about responsibility for unfinished works or failing amenities, including roads and sewers. This is a potential future public health issue as well.
Alongside roads and foul drainage, sustainable drainage systems (SUDS) should be recognised as essential infrastructure that must be properly maintained, not dug up or concreted over to prevent surface water flooding.
This is a complex issue affecting developers, local authorities and utilities, and government must work with all parties to address it. Where infrastructure is available for public use, it should be maintained at public expense. While poor practice by some actors has worsened the problem, the underlying issue is the system and lack of funding.
The proposed reforms, alongside adequate investment, would benefit homeowners, developers and the wider public.
For more information, contact Chloe Fletcher, CIH head of policy and external affairs, at: chloe.fletcher@cih.org
For more information, contact Chloe Fletcher, CIH head of policy and external affairs, at: chloe.fletcher@cih.org
