Will you look to use our Heating & Water Hygiene framework in the future? If so, now’s the time to begin your Section 20 Consultation!
You are able to use procurement frameworks and consult with your leaseholders under Section 20 regulations. However, if you’re tired of long lead-times with leasehold consultation, then carrying out the process upfront whilst we procure the framework is always a great idea. It closes a procurement loophole and makes things quicker for you if you choose to use our framework in the future.
About the framework –
Our new Internal & External Building Works framework will replace our current model. It will cover all your heating and water hygiene requirements – including commercial heating, domestic heating, water hygiene audits and remedial works as detailed below. S20 Consultation applies if you wish to recover costs resulting from works above £100 per annum per leaseholder for works lasting over 12 months. Or, if you wish to recover costs resulting from works above £250 for a contract lasting less than 12 months.
The Section 20 process –
Sending out your Stage 1 notices now, before the new framework is in place, is a great way to ensure you’ve consulted with leaseholders already. Doing this now will save you time later on and you don’t have to commit to use the framework, this merely provides you with options going forward.
Here’s our advice on how best to do this to fit with the framework procurement timeline compliantly –
- The Notice(s) of intention need to go out in February 2023 so that observations can be returned by the beginning of April 2023 at the earliest. This is because we will look to release the tender early April and you must give leaseholders a minimum of 30 days notice.
- You will not need to ask for nominations as this is going through Find A Tender Service. Therefore the procedure will be under Schedule 2 of the Service Charges (Consultation Requirements) (England) Regulations 2003 (a Qualifying Long Term Agreement where Public Notice if required).
- The Notice will need to include the following information:
- What is included in the framework – heating and water hygiene works – including commercial heating, domestic heating, water hygiene audits and water hygiene remedial works.
- Why your organisation may use the framework route to procure future works.
- There is an example of the standard legal notice within the regulations which you can view here – The Service Charges (Consultation Requirements) (England) Regulations 2003 (legislation.gov.uk)
- You’re able to add your own covering letter to leaseholders to go alongside the legal notice.
If you’d like to speak to us about the process in more detail please get in touch. We’re here and happy to help.
Louise Free
Procurement Manager
