Management of Open Spaces

Management of Open Spaces - Good Practice Guide

Rushcliffe Borough Council has been working with housing developers, management companies, resident groups and councillors to develop and adopt a Good Practice Guide which sets up minimum expectations of service and safeguarding for residents on new developments within Rushcliffe.

The aim of the guide is to set out a framework of service expectations to create more of a balance between developers, management companies and residents in the open spaces management sector through consultation with all of these groups. At present, this sector is unregulated in the UK, which has led to well publicised issues across the country with regard to the practices of management companies.

Throughout this process of developing the Good Practice Guide, the developers and management companies involved have pro-actively and positively contributed to the creation of this document, demonstrating their willingness to contribute to a more equitable compromise between management companies and residents.

Management of Open Spaces - Good Practice Guide

The guide is closely aligned with the existing New Homes Quality Code Framework and is underpinned by four key pillars - Service, Fairness, Transparency and Community.

The Good Practice Guide has now been included in planning documents including Supplementary Planning Documents (SPD's), our Design Code and within S106 advisories. The commitment of developers and management companies to the Good Practice Guide is not currently legally binding, as the legal regulation of the sector is dependent upon secondary legislation through the Leasehold and Freehold Reform Act (2024). 

Key Information - Leasehold and Freehold Reform Act (2024)

The Leasehold and Freehold Reform Act 2024 (LFRA) essentially strengthens leaseholders’ rights including:

• The provision of standardised service charge demands. Landlords and managing agents will be required to issue service charge demands in a prescribed format, ensuring consistency and clarity in order to help leaseholders understand the costs they are being charged.

• The provision of information about administration charges and buildings insurance commissions.

• The provision of mandatory annual service charge reports, with detailed information on planned major works.

• A strengthened right to request further information to make it easier for leaseholders to scrutinise charges and challenge unreasonable expenditure.

This makes it easier for leaseholders to scrutinise charges and challenge unreasonable expenditure.

The LFRA 2024 also creates a framework governing estate management charge’s paid by freeholders. Key impacts on open space management include:

• Estate management charges are only payable to the extent that costs are reasonably incurred.

• Works and services (e.g. landscaping, grass cutting, play areas, lighting) must be provided to a reasonable standard.

• Charges demanded in advance must reflect a reasonable estimate of likely costs.

Freehold homeowners now have the statutory right to apply to the First Tier Tribunal to challenge whether an estate management charge is payable; the amount of the charge; whether open space maintenance works were reasonable or necessary; and the standard of work carried out.

The LFRA is currently in the process of developing secondary legislation to 'switch on' the powers detailed in the 2024 Act. A consultation on this closed in September 2025 and Government are due to publish their response to this in Spring 2026.

Current list of sites (plus developers and management companies) committed to the Good Practice Guide

The Management of Open Spaces Good Practice Guide is currently being circulated with developers and management companies. The Council will issue updates and related press releases here.