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The persons responsible for placing buildings insurance varies from development to development. If the insurance is placed by the managing agents then they are required to abide by significant restrictions administered by the Financial Conduct Authority (FCA). If they also handle any other insurance-related matters that meet the definition of a regulated activity then the FCA requires them to be regulated.

The type of insurance regulations covered (and the reason managing agents fall into the net) are as follows:

  1. Arranging insurance and choosing the best quote (with the former as a given as most leases don’t allow leaseholders to get their own buildings insurances, or for other leaseholders to club together to buy it);
  2. Advising the leaseholders (who are the clients) to include recommending a particular insurance company;
  3. Dealing with the administration which includes placing the insurance and ensuring the premium is paid to the insurance company (or broker). It also includes the provision of documentation during the conveyancing process to lenders and solicitors.

How Agents Become Authorised and Regulated

There are a few ways in which a managing agent can become authorised and regulated which are as follows:

  1. Directly authorised and regulated by the FCA which provides a wider scope incurs a larger cost;
  2. Act as an appointed representative of the broker who takes responsibility for their conduct instead of it being directly controlled by the FCA but will likely involve dealing with the principle broker;
  3. By being a member of an organisation such as the Association of Residential Managing Agents (ARMA) or the Royal Institution of Chartered Surveyors (RICS).

Income and Benefits

All sources of income and benefits to the managing agent arising out of the management of buildings insurance should be declared to the client and to the leaseholders and should only be retained in return for a service of value. These may include insurance fees (including commissions) which should only be kept by the informed consent of the client. The amount of the income should be declared annually with the year-end service charge accounts.

As an example as to how this works, I’ve used how our managing agent deals with the subject.

Our buildings insurance is run via what is known as a ‘captive cell arrangement’ whereby our agent places the whole portfolio with the insurers in order to obtain a preferred rate. Each scheme is reviewed on an individual basis based on the following;

  1. Location;
  2. Build type;
  3. Claims history.

The policy is then placed into the captive cell which takes a proportion of the liability of the value of claims. For this risk, the cell earns a proportion of the premium as would a standard insurance company. There is strictly no commission and the cell doesn’t earn directly as a result of any scheme. The earnings of the cell are as a result of the management of the cell and the claims and offset by the risk of self-insuring. So, our managing agent does not earn anything from the insurance and the scheme charges are levied directly from the insurers. Each scheme is quoted individually and the rates applied are from the insurers.

If the Resident Management Company is required to insure the building and the common parts then it has to have a legal right to enter the property granted to it. Unless that right is granted by way of a lease of the common parts, the company must be made up of the leaseholders of the building who will then be able to instruct their managing agent to insure the building.

Regardless of who places the insurance, it will be the leaseholders who pay for it, either by the cost being included in the service charges or within a separate area of the lease as ‘insurance rent’.

In addition to the building having insurance there are also some valuations that need to be carried out alongside it which can be read here.

 

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