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:

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:

1. Fire Risk Assessment (FRA)

Annually, plus after any material change

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.

What good looks like A written FRA, dated within the last twelve months, signed by a competent assessor (look for FRACS or IFE-registered), with a tracked list of recommendations and evidence that the recommendations have been closed out.

2. Communal fire door inspections

Quarterly (HRBs 18m+); annual (11-18m); best practice annual for all

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.

What good looks like A written inspection report for every communal fire door, with photos, condition rating, defects identified, and a tracked list of remediation. Each flat front door inspected at least once in the last twelve months.

3. EICR for communal fixed wiring

Every 5 years

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.

What good looks like An EICR certificate from a NICEIC or NAPIT registered electrician, dated within the last five years, with overall result satisfactory or with all C1 and C2 issues closed out.

4. Asbestos Survey & Management Plan

One-off survey (pre-2000 buildings); annual plan review

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.

What good looks like A Management Survey from a UKAS-accredited surveyor (with the P402 qualification), an asbestos register listing every location and condition, and a written management plan that is reviewed annually and updated whenever there is a change.

5. Legionella Risk Assessment

Every 2 years; monthly or quarterly monitoring per the RA

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.

What good looks like A written RA dated within the last two years, a schematic of the water system, a temperature monitoring log, and evidence that any recommended actions have been completed.

6. Buildings insurance

Annual renewal; review rebuild value every 3-5 years

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.

What good looks like A current policy schedule with sum insured at full rebuild value (revalued professionally every three to five years), with at least public liability and (where applicable) engineering insurance included. Commissions disclosed if relevant.

7. Annual service charge accounts

Annual (within 6 months of year end, usually less if the lease specifies)

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.

What good looks like Accounts prepared annually by a qualified accountant, signed by the directors, distributed to all leaseholders within six months of the service charge year end, with a clear summary of relevant costs and the reserve fund position.

8. Companies House Confirmation Statement

Annual

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.

What good looks like Confirmation Statement filed every year on time, with the registered office, director details, persons with significant control, and shareholding all current. Set up email reminders from Companies House so you do not miss it.

9. Section 20 awareness for any major works

As and when qualifying works arise

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.

What good looks like A standing process for any works likely to exceed the £250 per-leaseholder threshold: Notice of Intention with 30 days for observations and nominations, followed by Notice of Estimates with a further 30 days, before any contract is signed. Records of both notices and responses on file.

10. Reserve Cost Analysis (RCA)

Every 3 years recommended

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 good looks like A written RCA from a chartered surveyor, dated within the last three years, with a year-by-year forecast and a recommended annual sinking fund contribution. Reserve fund balance reviewed quarterly against the schedule.

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:

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:

  1. 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.
  2. Check your FRA date and your buildings insurance renewal date. These are the two items with the most consequence if they have lapsed.
  3. 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.

Take the next step

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).