RTM – Grey Areas 2018-02-15T20:57:32+00:00

RTM
Complicating factors:

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Two of the areas that generally cause the most confusion & complications in new RTM applications:

1. VERTICAL SEPARATION

Under a recent ruling, buildings which are vertically separated (ie, they aren’t ‘attached’ to a neighbouring property by anything such as a walkway, atriums, or underground car park) must now make separate applications – even if they are part of the same estate or development. It’s fair to say the industry is still finding its feet with this legislation, and some Freeholders are using it as a reason to force Residents Groups to re-serve Right To Manage Applications which have already been made.

In the picture below, despite being separate buildings, a joint application would have to be made – as there is a shared glass walkway linking them together.

Non vertically sperate buildings

2. Commercial Space

The Right to Manage process isn’t available to you if more than 25% of the property (as total square footage) is demised for Commercial Use. If it’s ‘borderline’ (a few percent over) it may still be worth putting in an application. It would be down to The Freeholder to object, and would then likely be referred to a specialist tribunal to rule upon (The first Tier Property Tribunal). They have the power to making a ruling in your favour and sometimes do, even when the percentage is slightly ‘over’.

If you think these factors may affect you – get in touch for some advice

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