Communal Repairs in Blocks of Flats: Complete Guide
Everything leaseholders and freeholders need to know about communal repairs, reporting procedures, Section 20 consultation, and managing agent obligations for blocks of flats.
What Are Communal Repairs?
Communal repairs refer to maintenance and repair works carried out on the shared areas and structural elements of a block of flats. These are areas that all residents use or benefit from, rather than individual demised premises. The responsibility for arranging and funding these repairs is typically shared among leaseholders through the service charge.
Understanding what constitutes a communal area is essential for both leaseholders and freeholders when determining repair responsibilities and cost apportionment.
Common Communal Areas in Blocks of Flats
For more information about how these areas are maintained, see our building maintenance guide.
Who Is Responsible for Communal Repairs?
Determining responsibility for communal repairs starts with the lease. The lease is the legal document that sets out the obligations of both the freeholder (or landlord) and the leaseholder (or tenant) regarding the maintenance and repair of the building.
Freeholder Obligations
The freeholder is typically responsible for maintaining the structure and exterior of the building, including the roof, external walls, foundations, and all communal areas. This obligation is usually set out in the lease covenants and may also be implied by statute under Section 11 of the Landlord and Tenant Act 1985 for shorter leases.
The freeholder must ensure that communal repairs are carried out to a reasonable standard and within a reasonable timeframe. Failure to do so can result in legal action by leaseholders.
Leaseholder Obligations
Leaseholders are generally responsible for repairs within the demise of their own flat, including internal walls, fixtures, fittings, and decorations. They are not usually directly responsible for arranging communal repairs but are required to contribute towards the cost through service charges.
Leaseholders must pay their share of the service charge promptly to ensure that funds are available for necessary communal maintenance and repair works.
The Role of the Managing Agent
A managing agent is often appointed by the freeholder or a residents' management company (RMC) to oversee the day-to-day management of the building. The managing agent's responsibilities for communal repairs typically include receiving and logging repair reports, instructing approved contractors, overseeing the quality of works, and managing the budget.
Learn more about our approach to property management on our leasehold management page.
Reporting Communal Repairs
Prompt reporting of communal repairs is essential to prevent minor issues from escalating into costly major works. Leaseholders and residents should know how to report issues and what response times to expect from their managing agent.
How to Report a Communal Repair
- Contact your managing agent by phone, email, or through an online portal
- Provide a clear description of the issue, including the exact location within the building
- Take photographs or video evidence of the defect where possible
- Note whether the issue poses an immediate safety risk or hazard
- Request a reference number and expected timeframe for the repair
- Follow up in writing if you initially report by phone
Emergency vs Planned Repairs
Emergency Repairs (Within 24 Hours)
- • Burst pipes or major water leaks
- • Gas leaks or suspected gas leaks
- • Structural damage posing immediate danger
- • Complete loss of heating in winter months
- • Fire safety system failures
- • Broken external doors or security breaches
Planned Repairs (Scheduled Works)
- • Redecoration of communal hallways
- • Roof maintenance and gutter clearing
- • Lift servicing and modernisation
- • External repainting and rendering
- • Garden and landscaping maintenance
- • Replacement of communal lighting
For details about our block management services and how we handle repair reporting, visit our block management page.
Section 20 Consultation for Major Communal Works
When communal repair works are expected to cost more than £250 per leaseholder, the freeholder or managing agent must follow the Section 20 consultation process as required by the Landlord and Tenant Act 1985. Failure to comply with this process limits the amount that can be recovered from each leaseholder to £250.
The Section 20 Consultation Process
Notice of Intention (First Notice)
The freeholder or managing agent sends a Notice of Intention to all leaseholders describing the proposed works. Leaseholders have 30 days to make written observations and nominate contractors.
Obtaining Estimates
At least two estimates must be obtained for the proposed works, including one from a contractor nominated by the leaseholders if applicable. The estimates should be detailed and comparable.
Notice of Estimates (Second Notice)
A Notice of Estimates is sent to leaseholders with a summary of the estimates received. Leaseholders have a further 30 days to make written observations on the estimates.
Award of Contract and Notification
After considering all observations, the freeholder or managing agent awards the contract. If the chosen contractor is not the lowest bidder, a statement of reasons must be provided within 21 days of entering the contract.
For a comprehensive breakdown of the consultation process, read our Section 20 consultation guide.
Paying for Communal Repairs Through Service Charges
The cost of communal repairs is recovered from leaseholders through the service charge. The way costs are divided among leaseholders depends on the terms of each individual lease and the apportionment schedule set out within it.
How Repair Costs Are Apportioned
Service charge apportionment varies from building to building. Common methods include equal shares among all leaseholders, percentage-based shares linked to floor area or rateable value, or a combination of fixed and variable charges. The lease will specify which method applies to your building.
It is important to check your lease to understand your exact share of communal repair costs. If you believe the apportionment is unfair, you may have the right to challenge it at the First-tier Tribunal.
Reserve Funds and Sinking Funds
A well-managed building will maintain a reserve fund (also known as a sinking fund) to cover the cost of major communal repairs and planned maintenance. This fund is built up over time through regular service charge contributions, reducing the need for large one-off demands when significant works become necessary.
The RICS Service Charge Residential Management Code recommends that managing agents prepare a planned maintenance programme and collect adequate reserves to fund anticipated works over a 10 to 30 year cycle.
Learn more about service charge management in our service charge guide and our service charge budget guide.
Common Communal Repair Issues
Certain types of communal repairs are more common in blocks of flats than others. Understanding these recurring issues helps leaseholders and managing agents plan effectively and budget appropriately within the service charge.
Roof Leaks and Repairs
Roof repairs are one of the most common and costly communal repair issues. Flat roofs in particular require regular inspection and maintenance to prevent water ingress. Prompt attention to leaks prevents damage to the building structure and individual flats below.
Lift Maintenance and Modernisation
Lift maintenance is essential for buildings with passenger lifts. Regular servicing, safety inspections, and eventual modernisation form a significant part of the communal repair budget. Lifts must comply with LOLER regulations and require six-monthly thorough examinations.
Fire Safety Systems
Following the Grenfell tragedy, fire safety in communal areas has become a priority. Fire alarm systems, emergency lighting, fire doors, dry risers, and sprinkler systems all require regular testing, maintenance, and replacement as part of the building's communal repair programme.
Intercom and Door Entry Systems
Intercom systems and door entry systems are essential for building security. These systems require periodic maintenance and eventual replacement when they become obsolete. Upgrading to modern systems can improve security and access control for all residents.
Drainage and Plumbing
Shared drainage systems including soil stacks, rainwater downpipes, and underground drains require regular clearing and maintenance. Blockages and leaks in communal pipework can cause significant damage to multiple flats and must be addressed promptly.
External Decorations and Rendering
External decorations including painting, rendering, and pointing are cyclical maintenance items that protect the building fabric. These works are typically carried out on a 5 to 7 year cycle and form a key part of the planned maintenance programme.
For a full overview of maintenance obligations, see our building maintenance guide.
Frequently Asked Questions About Communal Repairs
Who pays for communal repairs in a block of flats?
Communal repairs in a block of flats are typically paid for by leaseholders through their service charges. The freeholder or managing agent arranges the works, and costs are apportioned among leaseholders according to the terms set out in their individual leases. Some leases split costs equally, while others use a percentage based on floor area or flat size.
How quickly should a managing agent respond to communal repairs?
Response times depend on the nature and urgency of the repair. Emergency communal repairs such as burst pipes, gas leaks, or dangerous structural damage should be attended to within 24 hours. Urgent but non-emergency repairs typically require a response within 3 to 5 working days, while routine planned maintenance can be scheduled within a reasonable timeframe agreed with leaseholders.
What is a Section 20 notice for major works?
A Section 20 notice is a statutory consultation process required under the Landlord and Tenant Act 1985. If the cost of communal repair works exceeds £250 per leaseholder, the freeholder or managing agent must consult with leaseholders before proceeding. The process involves issuing a Notice of Intention, considering leaseholder nominations for contractors, and issuing a Notice of Estimates before commencing works.
Can leaseholders choose their own contractor for communal repairs?
Leaseholders have the right to nominate contractors during the Section 20 consultation process for major works exceeding £250 per leaseholder. The managing agent or freeholder must consider these nominations alongside other tenders. However, for routine day-to-day communal repairs that fall below the consultation threshold, the managing agent typically selects contractors from their approved panel.
What happens if communal repairs are not carried out?
If a freeholder or managing agent fails to carry out necessary communal repairs, leaseholders have several remedies available. They can apply to the First-tier Tribunal (Property Chamber) to appoint a new manager, seek a court order compelling the landlord to perform repairs, or in serious cases involving hazards, contact the local authority who can serve improvement notices under the Housing Act 2004.
Are communal repairs covered by the building insurance?
Some communal repairs may be covered by the buildings insurance policy, particularly those arising from insured events such as storm damage, fire, flood, or accidental damage. However, general wear and tear, routine maintenance, and pre-existing defects are not typically covered. The managing agent should assess whether a claim can be made before charging leaseholders through the service charge.
Need Help With Communal Repairs in Your Block?
Our experienced block management team can help with all aspects of communal repairs, from initial reporting through to Section 20 consultation and contractor management. Get in touch today for professional advice.