Three new pieces of UK legislation have landed in a single Parliament. All three talk about personal director liability. If you have just become an RMC director, the role has changed more in the last three years than in the previous twenty, and most directors do not know how much.
This article is a baseline. If you do these ten checks within the first thirty days of taking on the role, you will know exactly where your block stands, and you will avoid the obvious early mistakes that produce real liability under the new regime.
It is written for directors of RMC and RTM companies in residential leasehold blocks of any size, and for share-of-freehold owners taking on the management responsibility for the first time. It assumes nothing - just that you can find the relevant documents and ask the right questions.
Why the baseline matters more in 2026
Three statutes drive most of the new exposure:
- The Building Safety Act 2022 introduced the Building Safety Regulator and a tiered regime of duties on "higher-risk buildings" (18m and above), but extended several principles to all residential blocks.
- The Fire Safety Act 2021 clarified that the structure, external walls and flat entrance doors of multi-occupied residential buildings are within the scope of the Fire Safety Order. In practice this widened what a Fire Risk Assessment must cover.
- The Fire Safety (England) Regulations 2022 imposed specific operational duties on the "Responsible Person" for buildings of 11m or above - including communal fire door inspections and resident information about evacuation.
Add the Leasehold and Freehold Reform Act 2024, and you have a regulatory environment where the director sitting at the top of a small RMC company is now expected to operate to a standard that previously sat with full managing agents. The standard has gone up; the support most RMC directors have access to has not.
An RMC director sitting on top of an 11m-plus residential block is now operating under three pieces of primary legislation that did not exist five years ago, plus at least one set of new regulations. The expected standard of care has risen sharply. The personal liability has not been reduced anywhere.
The ten items to check first
The list below is not exhaustive. There are 25 or more compliance items that may apply to a residential block. But these ten are the ones that produce the most consequential exposure if missed, and they are the ones a buyer's solicitor, an insurer or a regulator will check first.
For each item, we have given:
- The statute or standard that sits behind it
- How often it needs doing
- What "good" looks like - in other words, what a clean record would show
1. Fire Risk Assessment (FRA)
The single most consequential item on the list. The Regulatory Reform (Fire Safety) Order 2005, as widened by the Fire Safety Act 2021, requires the "Responsible Person" (in most RMC blocks, the directors as a board) to have a current, suitable and sufficient FRA in place for the common parts. The FRA must now cover the structure, external walls and flat entrance doors as well as the traditionally-covered communal areas.
Reference: Regulatory Reform (Fire Safety) Order 2005; Fire Safety Act 2021.
2. Communal fire door inspections
Regulation 10 of the Fire Safety (England) Regulations 2022 made fire door inspections an explicit duty of the Responsible Person for buildings over 11m in height. For Higher-Risk Buildings of 18m or more, the cadence is quarterly. For buildings between 11m and 18m, it is annual. Best practice for any block with communal fire doors is at least an annual inspection by a competent fire door inspector (look for FDIS-qualified).
Reference: Fire Safety (England) Regulations 2022, regulation 10.
3. EICR for communal fixed wiring
BS 7671 (the 18th Edition Wiring Regulations) drives the five-year inspection cycle. Communal fixed wiring covers the lighting, lifts, pumps, intercoms, and any other electrical installation in the common parts. The Electrical Safety Standards in the Private Rented Sector Regulations 2020 specifically codified the five-year cap for rented properties; the principle applies to communal fixed wiring as a duty-of-care matter.
Reference: Electrical Safety Standards in the Private Rented Sector Regulations 2020; BS 7671:2018+A2:2022.
4. Asbestos Survey & Management Plan
The Control of Asbestos Regulations 2012 places a duty on the "duty-holder" (in an RMC context, the directors) to manage asbestos in non-domestic premises - which includes the common parts of leasehold blocks. For any building constructed before 2000, this means having a Management Survey on file and reviewing the management plan annually.
Reference: Control of Asbestos Regulations 2012; HSE HSG264.
5. Legionella Risk Assessment
The Health and Safety at Work etc. Act 1974 and the HSE's Approved Code of Practice L8 require the duty-holder to manage Legionella risk in water systems. For most residential blocks this means a written Risk Assessment every two years, with monitoring (temperatures, flushing of little-used outlets) at the frequency the RA recommends.
Reference: HSE ACOP L8; HSG274 Parts 1-3.
6. Buildings insurance
Almost every lease imposes a duty on the freeholder, or on the RMC where the lease so provides, to insure the building. Letting buildings insurance lapse is both a breach of lease and a serious risk if anything happens to the building during the gap. From 2023, the FCA introduced new disclosure requirements for leasehold insurance brokers, including transparency on commissions.
Reference: lease terms; FCA leasehold insurance rules.
7. Annual service charge accounts
Section 21 of the Landlord and Tenant Act 1985 entitles leaseholders to a written summary of the service charge costs for the last accounting period within six months of the year end (where requested). Most leases also require accounts to be issued annually. Accounts should be prepared by an accountant independent of the managing agent where one is used.
Reference: Landlord and Tenant Act 1985, sections 21 and 21B.
8. Companies House Confirmation Statement
Every UK limited company - including every RMC and RTM company - must file a Confirmation Statement at Companies House at least once every twelve months. The filing fee is £50 online (2026). The penalty for late filing is many times higher, and Companies House issued more than 317,000 late filing penalties in the year to April 2025.
Reference: Companies Act 2006, section 853A.
9. Section 20 awareness for any major works
Section 20 of the Landlord and Tenant Act 1985, and the Service Charges (Consultation Requirements) (England) Regulations 2003, require a formal two-stage consultation with leaseholders before any qualifying works are carried out where any one leaseholder will contribute more than £250. Failure to consult caps each leaseholder's contribution at £250, regardless of actual cost.
This is the single most common procedural failing in self-managed blocks - and the one that ends up at the First-tier Tribunal most often.
Reference: Landlord and Tenant Act 1985, section 20; Consultation Requirements Regulations 2003.
10. Reserve Cost Analysis (RCA)
Not strictly statutory, but a RICS-recommended discipline and increasingly expected by buyer-side solicitors. An RCA is a 10 to 30 year forecast of major works (roof, external decoration, lift renewal, etc.) used to calculate how much the reserve fund needs to be collecting each year. Without one, the reserve fund is being collected at a guess.
Reference: RICS standards; best practice.
What to ask the outgoing director or managing agent for
If you are taking on the role from someone else, the handover should include all of the above as physical documents. Specifically:
- The most recent FRA report and any subsequent review or action close-out evidence
- Fire door inspection reports for the last 12 months
- EICR certificate
- Asbestos survey (if pre-2000) and the current management plan
- Legionella RA and the monitoring log
- Buildings insurance policy schedule + the broker's contact details + the rebuild valuation
- Service charge accounts for the last three years
- Companies House records (filing history, current officers, registered office)
- Any Section 20 consultation files from past major works
- The reserve fund bank statement and any RCA / sinking fund schedule
- Lease and any deeds of variation
- Any contractor contracts currently in force
If anything on that list is missing or "not sure where it is", that is what you need to fix first. The cost of replacing the work where the documentation has been lost is significantly more than the cost of finding it.
Where new RMC directors most commonly come unstuck
Three patterns repeat across the small blocks we work with:
1. Assuming the outgoing director or agent had it covered. Many self-managed blocks have an FRA from years ago that has not been reviewed, an EICR that is comfortably out of date, and an asbestos survey that does not exist for a pre-2000 building. There is rarely malice in this - the previous director simply did not know the regulations had moved.
2. Confusing "we have done it" with "we have evidence we did it". If something is not in writing it did not happen, as far as a regulator or a buyer's solicitor is concerned. Verbal assurances from a contractor that "it's all fine" are worth nothing in front of a tribunal.
3. Trying to do everything personally. Compliance work is delegable. Contractors do the assessments and inspections; you, as a director, are responsible for making sure they happen and that the evidence is on file. The job is not to be the fire risk assessor - it is to make sure there is a qualified one.
Three things to do this week
If you do nothing else after reading this:
- Take ten minutes to compile the list of documents above into a single Drive or Dropbox folder. Even if half of it is "missing", knowing what is missing is the first useful piece of work.
- Check your FRA date and your buildings insurance renewal date. These are the two items with the most consequence if they have lapsed.
- Set up Companies House email reminders at gov.uk. Five minutes of work that removes the most common penalty.
Once those are done, the next step is a full compliance baseline - which is what the Modbury Remote Free Compliance Score does in sixty seconds.
Get your Free Compliance Score in 60 seconds
A free 15-question quiz that produces a personal Compliance Score for your block, with a list of gaps, statute references, and an estimated cost to close. No payment, no sales call.
If you want a properly bespoke audit, the Block Compliance Check goes deeper than the free version, with a video walkthrough or site visit by TPI and RICS qualified members of the team, a full compliance register for your block, and a templates pack covering Section 20 notices, AGM agendas, contractor briefs and the rest. From £149.
This article is general guidance for new RMC directors, not legal advice. If you have specific concerns about your block, please seek advice from a leasehold solicitor or the Leasehold Advisory Service (LEASE).