Major works in the management pack can change the financial picture when buying a leasehold flat. The current service charge may appear affordable, but planned roof repairs, replacement windows or other building works could require a substantial additional contribution.
For an owner who discovers the problem later, the questions are immediate: was the work already being discussed when I bought? What did the management information say? And did my conveyancer explain the potential cost before I committed?
The proposed October 2026 Conveyancing Protocol addresses this issue expressly. Its consultation wording provides a useful starting point for understanding why obtaining a management pack and advising on its contents are connected tasks.
What does the proposed Conveyancing Protocol say?
In its leasehold provisions, the draft proposes that the buyer’s conveyancer report information supplied by managing agents or landlords through the LPE1 replies. It particularly identifies potential or proposed works that could lead to a substantial increase in the service charge.
Step 17 also proposes reporting on the documents received and investigations undertaken, including other material information.
This is a consultation draft, not an adopted replacement Protocol. It should not be applied retrospectively as proof that a conveyancer failed during an earlier purchase. Any assessment of that purchase requires the documents, circumstances and professional obligations applicable at the time.
The practical point is nevertheless clear: information about future expenditure needs to reach the buyer in a form that helps them understand the decision they are making.
A buyer discovered planned works after being told there were none
In a publicly reported experience, a prospective buyer said they had asked the seller about upcoming major works before making an offer and had received written reassurance that none were planned.
According to the buyer, conveyancing enquiries later revealed planned works and information suggesting that the seller had known about them before the offer. The cost remained uncertain, and the buyer described the sinking fund as too small to provide much protection.
The buyer was concerned that most of their savings would be used for the deposit, fees and moving costs. They said that earlier knowledge of the works would have made them reconsider the property.
This is an unverified personal account, not a finding that the seller misrepresented the position. Importantly, the buyer reported that the issue was uncovered during conveyancing, before commitment.
The example shows why conflicting information needs investigation. A seller’s reassurance, a managing agent’s reply and a works programme may tell different stories.
A management pack identified works but no estimated cost
Another prospective buyer described discovering through the management pack that works were required to an older converted building. The reported programme included damp-proofing, external repairs and work to the roof and chimneys.
The buyer said there was no money in the reserve fund and no estimate of the works’ cost. They were considering whether to proceed or seek a reduction in the price.
Again, this was a personal account rather than an adjudicated dispute. It illustrates uncertainty that was identified during the purchase, rather than establishing a failure by the conveyancer.
The important distinction is between knowing that work is anticipated and knowing the final contribution. The absence of a quotation does not make the proposed work irrelevant.
No Section 20 notice does not necessarily mean no works are anticipated
Formal consultation may not yet have started when management information is supplied. A maintenance programme, meeting minutes or correspondence may nevertheless identify work being considered.
For qualifying works, Section 20 consultation generally applies where any one leaseholder’s contribution exceeds £250. Consultation requirements and any dispensation must be considered in the particular circumstances.
The Leasehold Advisory Service’s guidance on Section 20 consultation explains the process and leaseholders’ rights.
A reply saying that no consultation notice has been served answers that specific question. It should not automatically be interpreted as confirmation that no significant expenditure is anticipated.
What should the buyer understand before exchange?
Where potential works are identified, the investigation should establish what is known, what remains uncertain and how that uncertainty affects the buyer.
- The work: what is proposed, and which parts of the building are affected?
- The stage: is it under discussion, included in a programme, being consulted on or already contracted?
- The cost: is there an estimate, quotation or confirmed figure?
- The contribution: how does the lease calculate the flat owner’s share?
- The funding: what reserve money is available for the project?
- The timing: when might contributions be demanded?
- The transaction: what arrangements, if any, are proposed between seller and buyer?
The conveyancer cannot guarantee the eventual price of building work. They can explain the available information, identify gaps and advise on the implications of proceeding with unresolved exposure.
A reserve fund needs context
A reserve or sinking fund may reduce the need for a large additional demand, but the balance alone does not settle the question.
The buyer needs to know whether the money is available for the proposed work, whether other projects also depend on it and how the lease permits the fund to be used.
Conversely, the absence of a reserve fund does not automatically make a property unsuitable. It means that the funding arrangements require attention, particularly where substantial expenditure is already anticipated.
Our article on rising service charges affecting a flat sale considers the broader difference between an estimated annual payment and the actual cost of ownership.
Can a retention protect the buyer?
A retention can provide a fund against an agreed liability, but its protection depends on the contract.
The parties need to establish the amount held, what it covers, which evidence permits a deduction, how long it remains available and what happens if the bill exceeds it.
An agreement to hold money for a short period may provide limited protection where the works timetable and final cost remain uncertain. A price reduction may also leave a buyer short of cash when a bill arrives, particularly if the reduced price changes their mortgage arrangements.
The lease governs liability to the landlord or management body. The sale contract deals with how responsibility is allocated between seller and buyer. Those arrangements should not be left to an informal promise.
The pack arrived, but was its significance explained?
A management pack can contain many documents. Sending those documents to the buyer does not, by itself, establish that an important financial risk was explained.
The Report on Title and related advice should be examined alongside the enquiries and replies. Was the planned project identified? Was uncertainty about the cost made clear? Did the buyer understand that the current annual charge might exclude a substantial contribution?
Information may also arrive from different organisations. Our article on why selling a flat may require two management packs explains why one set of replies may not contain the complete leasehold picture.
What if the bill arrived after you bought?
Start by establishing when the project became known.
Ask for the original management information, relevant notices, meeting records and correspondence. Compare those with the Report on Title and any advice provided before exchange.
A project first identified years later is different from work already disclosed during the purchase. A later bill does not automatically demonstrate negligence, and the original conveyancer could not predict every future repair.
The useful question is whether material information available, or reasonably obtainable, at the time was investigated and explained.
Why this can become a problem when you sell
A prospective buyer may ask the same questions you would have asked had you understood the position: how much will I pay, when will it be due and what further expenditure is expected?
If the answers remain uncertain, the buyer may seek a retention, negotiate the price or decide not to proceed. The current conveyancer must also consider any applicable lender requirements.
Gather the current works information to address the sale. Separately, retrieve the original purchase file if you are questioning the advice you received.
When I Bought’s service-charge and major-works guide explains which documents may help when an unexpected liability affects a sale or remortgage.
A major-works bill you were not expecting?
If substantial building costs have come as a surprise or are holding up your sale, the original management pack and purchase advice may help explain what happened.
Would knowing about the works have changed your decision to buy? Tell When I Bought what you discovered and when you purchased.
Unexpected major works? Tell When I Bought →You do not need to decide whether anyone was at fault before explaining what happened.
This article concerns property in England and Wales and provides general information. The proposed 2026 Conveyancing Protocol remains a consultation draft. Individual liability depends on the lease, transaction documents and circumstances. When I Bought is a Lexsure service, not a law firm. Time limits may apply to complaints or claims.