# Does our building qualify for the right to manage? > A building qualifies for the right to manage if it is a self-contained building (or a self-contained part of one), contains at least two flats held by qualifying leaseholders, and at least two-thirds of all its flats are held by qualifying leaseholders. Since 3 March 2025, up to 50% of its internal floor area can be non-residential. Some buildings are excluded, including small converted buildings with a resident landlord and buildings where a council is the landlord. **Key facts** - The building must be self-contained, or a self-contained part of a building. - At least two flats must be held by qualifying leaseholders (normally leases of more than 21 years). - Qualifying leaseholders must hold at least two-thirds of all the flats. - Non-residential parts can be up to 50% of internal floor area (25% before 3 March 2025). - Excluded: some resident-landlord conversions of up to four units, council-landlord buildings, and buildings where RTM ended under four years ago. ## The four tests A building qualifies if it passes all four of these (Commonhold and Leasehold Reform Act 2002, s.72 and Schedule 6). ### 1. It's a self-contained building, or a self-contained part of one A detached block is self-contained. A **part** of a building only counts if all three of these are true: - it is divided vertically from the rest (for example, one half of a pair of linked blocks); - it could be redeveloped independently of the rest; and - its services, such as water, gas and electricity, are (or could be made) independent of the rest of the building. So you usually can't claim just the top three floors, or one staircase of a block that shares a roof and services. ### 2. It contains at least two flats held by qualifying leaseholders A [qualifying tenant](https://runyourblock.co.uk/glossary/qualifying-tenant) is the leaseholder of a flat under a **long lease**, normally one granted for a fixed term of more than 21 years (s.76). Joint owners count as one. Business tenancies don't count. ### 3. Qualifying leaseholders hold at least two-thirds of the flats Count every flat in the building, then the ones held on long leases. For Maple Court (8 flats, all on 125-year leases), it's 8 out of 8. A building of 9 flats where the freeholder rents out 4 on ordinary tenancies has 5 out of 9, which is less than two-thirds, so it doesn't qualify. ### 4. No more than 50% of the internal floor area is non-residential Since **3 March 2025** the limit is 50% (it used to be 25%, and many websites still say so). In the calculation: - **common parts are left out** altogether; - a garage, parking space or storeroom used with a particular flat **counts as residential**; - shops, offices and other commercial units count as non-residential. ## Buildings that are excluded Even if a building passes the four tests, the right to manage doesn't apply if (Schedule 6): - **Resident landlord:** the building is a conversion (not purpose-built as flats), has no more than four units, and a freeholder or an adult member of their family has lived in one of the flats as their only or principal home for at least the last 12 months. - **Council landlord:** a local housing authority is the immediate landlord of any of the qualifying leaseholders. - **Separate freeholds:** different people own the freeholds of different self-contained parts. - **Recent RTM:** an RTM company already manages the building, or its right to manage ended less than four years ago (unless the tribunal allows a new claim). ## Then count your members Qualifying is about the building. Claiming is about people. The claim notice can only be served when the RTM company's members include the qualifying leaseholders of **at least half of all the flats**. If there are only two flats, both must join. At Maple Court that means at least four of the eight leaseholders. > **Note** > > To check who owns each flat (and the freehold), download the title registers from HM Land Registry for a small fee. They also show each lease's length and date, which you need for the claim. ## If you're not sure The tests can be tricky for mixed-use buildings, estates, and blocks joined to other buildings. Get advice before you serve any notices: a claim on a building that doesn't qualify will fail, and you'll have to start again. --- This is general information, not legal advice. Every building and lease is different. For free initial advice, contact LEASE (The Leasehold Advisory Service): ## Frequently asked questions ### Does a block with shops on the ground floor qualify? It can. Since 3 March 2025, a building is only excluded if its non-residential parts take up more than 50% of its internal floor area. Common parts are left out of the calculation, and garages or stores used with a particular flat count as residential. ### Can a house converted into two flats claim the right to manage? Possibly. A building needs at least two flats held by qualifying leaseholders. But a converted building with no more than four units is excluded if a freeholder (or an adult member of their family) has lived in one of the flats as their only or principal home for the last 12 months. ### Do flats that are rented out count? Yes, if the owner holds a long lease. The qualifying tenant is the leaseholder, not the person renting from them. A flat let on an ordinary tenancy by the freeholder doesn't count as a qualifying flat. ### Can an estate with several blocks claim together? Not as one claim under current law. Each self-contained building (or self-contained part) is claimed separately, although several claims can run side by side. ## Sources - [Commonhold and Leasehold Reform Act 2002, s.72 (premises to which the Chapter applies)](https://www.legislation.gov.uk/ukpga/2002/15/section/72) - [Commonhold and Leasehold Reform Act 2002, Schedule 6 (premises excepted)](https://www.legislation.gov.uk/ukpga/2002/15/schedule/6) - [Commonhold and Leasehold Reform Act 2002, s.75 (qualifying tenants)](https://www.legislation.gov.uk/ukpga/2002/15/section/75) - [Commonhold and Leasehold Reform Act 2002, s.76 (long leases)](https://www.legislation.gov.uk/ukpga/2002/15/section/76) - [Leasehold and Freehold Reform Act 2024, s.49](https://www.legislation.gov.uk/ukpga/2024/22/section/49) - [GOV.UK: Right to Manage: a guide for landlords (qualifying)](https://www.gov.uk/right-to-manage-a-guide-for-landlords/qualifying) ## Related guides - [What is the right to manage (RTM)?](https://runyourblock.co.uk/guides/right-to-manage/what-is-right-to-manage) - [How to claim the right to manage, step by step](https://runyourblock.co.uk/guides/right-to-manage/how-to-claim-right-to-manage) - [Right to manage or buy the freehold?](https://runyourblock.co.uk/guides/right-to-manage/right-to-manage-or-buy-the-freehold) --- Last reviewed 22 October 2026 by Phil, founder. This is general information, not legal advice. For free, independent advice on leasehold law, contact LEASE: https://www.lease-advice.org/ Source: https://runyourblock.co.uk/guides/right-to-manage/does-our-building-qualify