delete The Approval of Code of Management Practice (Residential Management) (Service Charges) (England) Order 2026
This Order approves a new RICS-published Service Charge Residential Management Code and withdraws approval of the previous version. It revokes three earlier Orders that approved earlier incarnations of the code. The code applies to residential property management in England and is connected to section 87(7) of the Leasehold Reform, Housing and Urban Development Act 1993, meaning it can be referenced in legal proceedings. The Secretary of State for Housing, Communities and Local Government is the responsible authority.
Government approval of this code creates an implicit regulatory standard; when such codes are admissible in legal proceedings under section 87(7), they effectively become quasi-mandatory requirements imposed on landlords, leaseholders, and agents without democratic scrutiny. This represents regulatory capture by a professional body (RICS) with government endorsement, adding compliance costs and restricting contractual freedom in private property arrangements. The code's utility as a reference in disputes does not require government approval — parties can voluntarily adopt any standard they agree upon. Keeping this Order perpetuates the illusion that market participants cannot discern appropriate management practices without official state endorsement.