Flat ownership laws need reform

1 October 1997

A new legal system for regulating flat ownership is needed to ensure that flats can play a full part in meeting Britain's projected shortage of housing.

A report published by the Joseph Rowntree Foundation suggests that Britain is probably alone in the developed world in not having a specific legal system for owning flats. Leasehold reform in England has improved the situation, but flat owners may still face difficulties in ensuring their property is properly maintained. This makes flats less attractive to consumers and to developers.

The report brings together two, parallel studies. Research by Heriot-Watt University and the London Research Centre examined how arrangements for flat ownership have evolved in Britain. Researchers at the University of Stirling, looked at experiences in Australia, France and the United States where specific legislation for flat ownership has been introduced.

In addition to legal reform, the report calls for:

  • steps to ensure that flat buyers understand their responsibilities as owners;
  • an advice service to assist owners with legal, financial and technical aspects relating to flat management;
  • regulation of professional managing agents;
  • procedures for resolving disputes over management and maintenance without going to court.

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