The Government has approved a new statutory code of practice for residential service charge management in England, replacing the existing RICS code. The Approval of Code of Management Practice (Residential Management) (Service Charges) (England) Order 2026 (SI 2026/298) was made on 16 March 2026, laid before Parliament on 17 March 2026 and will come into force on 7 April 2026.
Under Article 2, the Secretary of State approves the "Service charge residential management code and additional advice for landlords, leaseholders and agents" (ISBN 978-1-78321-552-2). The text will be published by the Royal Institution of Chartered Surveyors, with the Department confirming arrangements to publicise the code to those affected as required by section 87 of the Leasehold Reform, Housing and Urban Development Act 1993.
The approval excludes two sections: "RICS standards framework" and "Freehold houses and variable estate rent charges". All other parts of the code are approved for use in relation to the management of residential properties in England.
Article 3 withdraws approval of the previous "Service Charge Residential Management Code" (ISBN 978-1-78321-141-8). Article 4 revokes earlier approval Orders in England made in 1996, 2009 and 2016, including the 1996 instrument insofar as it related to the service charge code.
The instrument extends to England and Wales but applies to the management of residential properties in England only. In practice, this focuses the approved code on landlords, leaseholders, managing agents and resident‑led management bodies operating in England.
Article 5 sets a transitional rule for legal proceedings. For the purposes of section 87(7) of the 1993 Act-under which an approved code may be taken into account by a court or tribunal-Articles 2 to 4 do not apply to acts or omissions alleged to have occurred before 7 April 2026. For those earlier matters, the previously approved codes continue to be relevant.
For landlords and managing agents, the change provides a refreshed benchmark for expected practice once the new code is in force. Organisations should review internal procedures, resident communications and contractual documentation to align with the approved guidance from 7 April 2026.
For leaseholders, approval of the RICS text creates a clearer reference point when assessing whether service charge management has been reasonable. The code itself does not create new rights or obligations, but compliance or non‑compliance may be considered by tribunals under the 1993 Act.
The exclusion of the section on freehold houses and variable estate rent charges means estate charges on freehold homes are outside this approval. Stakeholders managing mixed‑tenure estates should check which aspects of their operations fall within the scope of the approved code.
The Order is signed by Matthew Pennycook, Minister of State at the Ministry of Housing, Communities and Local Government, dated 16 March 2026. The Explanatory Note confirms that an electronic version of the approved code will be available free of charge from RICS and that no full impact assessment has been produced as no significant impact is foreseen.