The management and maintenance of open space on new residential developments is now commonplace, but it’s a complex area to navigate. Residential developers need to make suitable arrangements and often appoint a management company to be responsible for the ongoing management and amenity of the development. This relationship is key to the success of the development. 

Our experienced property development solicitors understand residential developments and management responsibilities. We’ll work with you to ensure a smooth set-up of a management structure that meets your objectives.

A management agreement details the requirements for setting up and administering the managed areas of a development. Our property development lawyers understand the challenges that can occur if these management arrangements aren’t agreed upon at the outset of a new development. They have the expertise to negotiate a robust management agreement for the residential development. Our property development specialists ensure the agreement covers all aspects of the managed land, including the schedule of when responsibility passes from the developer to you.

We’ll ensure your management agreement details your duties and responsibilities and those of the developer, including budget and reporting requirements. The agreement will contain the legal and practical handover requirements of the managed areas on the development. We know how important this is for the smooth handover and transfer of the land to you. Your agreement will also set out what is required for the sale and completion of plots and how the relationship between the plot purchaser and yourselves is to be established. A clear and consistent relationship between you and the purchaser sets the relationship on the right footing for the smooth management of the development. 

When it comes to managing the needs of a residential development, you’re looking for more than just a solicitor – you want someone who understands your objectives and makes them their objectives. We have the expertise to ensure you know your responsibilities and when they begin. We work with you to understand your criteria and ensure the management arrangements established by the agreement are included in the plot sales documentation. Where additional documentation is required such as a Deed of Covenant between the plot purchaser and you, we’ll make sure it’s agreed in advance and forms part of the plot sales documentation.

Management agreements can be complex. We aim to simplify the difficult and deliver an agreement that works for you and your development.

The management agreement was robust and established the relationship between the developer and you. The practical handover and legal transfer of the amenity areas were simultaneous, and the plot sales conveyancing documentation created the relationship between you and the plot purchaser. The residential management journey has, however, only just started. The key to the ongoing success of the management arrangements relies on the criteria for the sale of an existing property on a development being fully complied with. Our property development team are here to understand your goals and make them ours. We’ll ensure that the criteria for a resale are presented to allow a sale to proceed efficiently and at the same time make sure that your relationship with the new buyer is in place and effective.

At Switalskis we understand the detrimental impact that a failure to comply with resale requirements can have on the ongoing management of the residential development. We’ll work with you to understand the arrangements that are in place and what’s required when a property on the development is sold. The obligations of the property owner will generally be protected by the registration of a restriction against the Land Registry title to the individual property. Once the arrangements are known and agreed we’ll create a set of criteria that can be issued to property owners when a property is being sold. The registered restriction requires a certificate of compliance to be issued by you. By creating a standard set of criteria for compliance with the restriction you offer clarity, consistency and efficiency for the effective management of the residential development.

We want to ensure your interest in the development is protected. Working with you from the notification that a property is being sold will ensure you’re in safe hands. The aim of the current owner is to progress the sale of the property without delay. Your aim is to make sure the development and maintenance requirements are protected. Without effective processes and procedures, the interests of you and the property owner may collide.

Resale compliance can create a stressful environment. We can deliver an efficient, stress-free service that works for you, your development and your residents.