Enhanced protections for homeowners on freehold estates

Overview

Scope of this consultation

Topic of this consultation

This consultation sets out wide-ranging proposals to give better rights and protection for homeowners living on privately managed estates and to address the considerable injustices they face. This includes the introduction of new measures in legislation that will mean homeowners on privately managed estates will no longer have to worry about losing their homes when they fall into arrears on their estate management charge.

The consultation also takes forward key measures in the Leasehold and Freehold Reform Act 2024 (“the 2024 Act”), which create a new regulatory framework to give homeowners on privately managed estates new rights, protections and powers to hold their estate manager to account for the money they spend. This framework is built around the enhanced framework for leaseholders and includes ensuring transparency of estate management charges. It gives homeowners the right to challenge the reasonableness of their charges, and allows these homeowners the right to apply to a tribunal to appoint a manager in the event of serious management failure. This consultation seeks views on how to implement these new requirements. 

Throughout this consultation document, we will use the term “estate manager” as shorthand for both private embedded management companies and resident management companies. We also use the term “homeowner” to refer to those freehold and leasehold owners in houses and flats who are liable to pay an estate management charge. We will also refer to the “appropriate tribunal” in reference to the First-tier Tribunal in England or the Leasehold Valuation Tribunal in Wales.

Geographical scope

The proposals almost exclusively relate to England and Wales.

In particular, the 2024 Act conferred powers to implement most aspects of Part 5 on the Secretary of State to cover both England and Wales. It also conferred powers to implement sections 83 to 87 of the 2024 Act to Welsh Ministers in relation to Wales. This aspect of the consultation therefore only covers England.

Impact Assessment

An Impact Assessment was previously published during passage of the 2024 Act which covered the relevant overarching measures. All regulations brought forward as a result of this consultation will be subject to appropriate assessment.

The UK government is mindful of its responsibilities, including those under the Public Sector Equality Duty to have due regard to the potential impact of their proposals on people with protected characteristics, and their responsibilities to consider environmental principles in any proposals, including, in relation to England, as set out in the Environment Act 2021. Consideration of these duties informed the passage of the 2024 Act, and we welcome evidence and views on the impact of this policy as part of this consultation. All regulations bought forward as a result of this consultation will be subject to appropriate assessment.

Basic information

Bodies responsible for the consultation

The Ministry of Housing, Communities and Local Government.

Duration

This consultation will last for 12 weeks from 18 December 2025 to 12 March 2026.

Enquiries

For any enquiries about the consultation please contact: protectinghomeowners@communities.gov.uk

How to respond

You may respond by completing an online survey on CitizenSpace.

Alternatively, you can email your response to the questions in this consultation to protectinghomeowners@communities.gov.uk

When you respond it would be very useful if you confirm whether you are responding as an individual or submitting an official response on behalf of an organisation, and if so, include the name of the organisation and your position.