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The Approval of Code of Management Practice (Residential Management) (Service Charges) (England) Order 2026

S.I. 2026/298 · Made 16 March 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LANDLORD AND TENANT, ENGLAND

Made 16th March 2026

Laid before Parliament 17th March 2026

Coming into force 7th April 2026

The Secretary of State makes this Order in exercise of the powers conferred by sections 87 and 100(1)(b) of the Leasehold Reform, Housing and Urban Development Act 1993f1.

In accordance with section 87(2) of that Act, the Secretary of State is satisfied that arrangements have been made for the text of the code to be published in a manner that the Secretary of State considers appropriate for bringing the provisions of the code to the notice of those likely to be affected by them.

Annotations to the whole text

Footnotes

f1

1993 c. 28; section 87 was amended by section 150 of, and paragraph 11 of Schedule 9 to, the Commonhold and Leasehold Reform Act 2002 (c. 15). The functions of the Secretary of State under sections 87 and 100 were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to S.I. 1999/672 and section 177 of the Commonhold and Leasehold Reform Act 2002. Those functions were subsequently transferred to the Welsh Ministers by virtue of section 162(1) of, and paragraph 30 of Schedule 11, to the Government of Wales Act 2006 (c. 32).

Contents

  1. 1Citation, commencement, extent and application
  2. 2Approval of code of practice
  3. 3Withdrawal of approval
  4. 4Revocations
  5. 5Transitional provision
  6. Signature
  7. Explanatory note

1Citation, commencement, extent and application

(1)

This Order may be cited as the Approval of Code of Management Practice (Residential Management) (Service Charges) (England) Order 2026 and comes into force on 7th April 2026.

(2)

This Order extends to England and Wales.

(3)

This Order applies in relation to the management of residential properties in England only.

2Approval of code of practice

The Secretary of State approves the “Service charge residential management code and additional advice for landlords, leaseholders and agents” (ISBN 978-1-78321-552-2), which is to be published by the Royal Institution of Chartered Surveyorsf1, with the exception of the sections headed “RICS standards framework” and “Freehold houses and variable estate rent charges”.

3Withdrawal of approval

The Secretary of State withdraws approval of the “Service Charge Residential Management Code” (ISBN 978-1-78321-141-8)f1.

4Revocations

The following Orders are revoked—

(a)

the Approval of Codes of Management Practice (Residential Property) Order 1996, insofar as it relates to approval of the “Service Charge Residential Management Code” (ISBN 0-85406-643-8) in relation to Englandf1;

(b)

the Approval of Code of Management Practice (Residential Management) (Service Charges) (England) Order 2009f2;

(c)

the Approval of Code of Management Practice (Residential Management) (Service Charges) (England) Order 2016f3.

5Transitional provision

Articles 2 to 4 do not have effect for the purposes of section 87(7) of the Leasehold Reform, Housing and Urban Development Act 1993 (use of code in proceedings) in relation to an act or omission alleged to have occurred before this Order comes into force.

Signature

Signed by the authority of the Secretary of State for Housing, Communities and Local Government

Matthew Pennycook

Minister of State

Ministry of Housing, Communities and Local Government

16th March 2026

Explanatory note

(This note is not part of the Order)

This Order gives approval to a code of practice relating to the management of residential property by landlords and others who discharge management functions in relation to residential property and makes related provisions.

Article 2 approves the “Service charge residential management code and additional advice for landlords, leaseholders and agents” (ISBN 978-1-78321-552-2) published by the Royal Institution of Chartered Surveyors (“RICS”). An electronic version of the approved code is available free of charge at www.rics.org. A copy may be obtained from RICS, 12 Great George Street, London, SW1P 3AD.

Article 3 withdraws approval of the previous Service Charge Residential Management Code (ISBN 978-1-78321-141-8).

Article 4 revokes previous approval Orders.

Article 5 makes a transitional provision to ensure that the previous approved codes continue to have effect for the purposes of proceedings relating to acts or omissions that are alleged to have occurred before this Order comes into force.

A full impact assessment has not been produced for this Order as no, or no significant, impact on the private, voluntary or public sector is foreseen.