Qualifying long-term agreements: the separate Section 20 test

Check the agreement term, relevant accounting period, leaseholder contributions and technical service brief before selecting a consultation procedure.

A contract for recurring building services can raise a different consultation question from a one-off major works project. Qualifying long-term agreements have their own definition and contribution test. The work for a managing agent or board starts with the agreement itself: who enters it, how long it lasts, how it can end and what costs are passed through the leases. A supplier calling a document an annual contract does not, by itself, resolve those questions.

Read the actual term and termination provisions

Section 20ZA defines the long-term agreement category by reference to an agreement entered into by or on behalf of the landlord or a superior landlord for a term of more than 12 months, subject to statutory exclusions. The document's duration and notice arrangements therefore need proper review. Do not determine its status from the frequency of invoices, visits or service-charge demands.

Assemble the complete proposed terms, schedules, renewal wording and any relevant correspondence. Identify the point at which the client would become committed and the authority needed to sign. Where the end date or notice operation is uncertain, ask the client's legal adviser to resolve it before procurement is treated as complete. A convenient label in the board minutes cannot replace the wording that the parties actually agree.

Apply the agreement contribution amount to the right period

Regulation 4 applies the amount test to a tenant's relevant contribution of more than £100 in an accounting period. Check the accounting-period provisions with the responsible adviser and service-charge records. A monthly invoice, total multi-year commitment and annual allowance are different quantities. Entering the full contract total where the period cost is required can distort the comparison just as much as omitting part of the relevant cost.

Show the cost basis and the lease apportionment together. If shares differ between flats or service schedules, retain that information rather than replacing it with an equal average. Record whether the figure is quoted, estimated or dependent on usage. The contribution checker can compare entered amounts, but it does not classify the contract or confirm that its accounting-period assumptions are legally correct.

Separate the service promise from the visit frequency

For a proposed maintenance arrangement, describe the assets covered, tasks, frequency, exclusions, call-out provisions and records expected. A series of visits is not a complete specification. Ask what happens when an inspection identifies work beyond the routine service, how that work would be authorised and whether parts or access costs are included. These details help the client understand both performance and the proposed charging basis.

Keep statutory, specialist and manufacturer requirements within the relevant professional advice. A general building-surveying brief does not automatically cover every lift, fire system or mechanical installation. Define who checks the specialist scope and how their findings reach the managing agent. This also makes it easier to compare offers whose headline service descriptions look similar but whose exclusions and responsibilities are materially different.

Choose the procedure before promising the timetable

The regulations contain different consultation schedules. The familiar ordinary qualifying-works process should not be copied into an agreement instruction without checking the applicable route. Public procurement and other circumstances can also affect the procedure. Have the landlord or agent identify the legal advice needed before issuing consultation information or agreeing a supplier's proposed signing date.

Prepare a programme that separates the technical brief, consultation responsibilities, tender questions, contract review and client decision. The HCS works timeline planner is intentionally not a QLTA deadline calculator. For an agreement, record the applicable requirements and allowances separately, with each date's source. If a supplier's offer expires before that programme can be completed, raise the conflict with the client rather than silently shortening a legal period.

Keep later qualifying works distinct

Work ordered under an existing long-term arrangement can raise consultation questions of its own. Do not assume that the initial agreement consultation automatically covers every subsequent repair or replacement. Identify the relevant agreement, proposed work and contribution, then ask the client's adviser which requirements apply. Retain that advice with the work order and technical scope so the reason for the selected route can be traced.

When an inspection results in an additional proposal, distinguish routine tasks already included from new work. Request a clear description and cost basis before comparing options. A maintenance contractor's familiarity with the installation is useful context, but it should not conceal unresolved scope, design responsibility or appointment authority. The client needs to know what it is being asked to instruct and which consultation questions remain open.

Manage changes and handover records

Give the agreement an accessible document owner. Keep the executed terms, service reports, notices, contact details and renewal diary together. If the proposed scope, duration or charging arrangement changes, refer it back for the appropriate review before assuming that earlier consultation or approval remains sufficient. A change should be recorded with its decision and supporting information, not merely incorporated into the next invoice.

For a change of managing agent or board, hand over the complete agreement record and identify outstanding commitments. A short spreadsheet summary is useful for navigation but is not the contract itself. Note the next review point and the person responsible for checking it. This reduces dependence on an individual's memory without implying that diary management alone establishes legal compliance or service performance.

Define the technical support and legal boundary

A scoped major works and consultation-support appointment can identify the technical information a client needs. Explain the agreement, assets and service questions at the outset so HCS can assess the appropriate role. Do not assume that an appointment for a roof inspection also includes reviewing every contract held by the managing agent or assessing specialist regulatory duties outside that scope.

Statutory notices remain the landlord's or agent's responsibility, involving their solicitor where required. HCS does not prepare or serve those notices or give legal advice. For an enquiry, provide the proposed terms, relevant cost schedule, available lease apportionments and intended decision date. The appointment should also address conflicts: HCS will not tender as contractor for a programme it specifies, tenders or administers.

Sources and further reading

Guide sources checked on 2 October 2026. Check current law and the documents for your instruction. This is general information, not legal advice.

Thresholds effective from 31 October 2003; statutory sources checked 1 October 2026. This source check is separate from the page’s human review date.

Discuss the technical information needed

Send the property, current stage and question for a scoped discussion and conflict check.

Discuss a major works brief
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Hampstead Chartered Surveyors & Building Consultancy

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