Content of RTM Participation Notice

The notice inviting participation must be in the prescribed form including the notes. In England, the form is prescribed by the English RTM Prescribed Form Regulations 2010 and in Wales by the Welsh RTM Prescribed Form Regulations 2011.

Essentially, the notice inviting participation must invite the recipients of the notice to become members of the RTM, and to do this properly, they need to be provided with information. Consequently, the notice inviting participation must provide:

  • Information about the RTM company
  • Information regarding powers, and obligations, of RTM company
  • Information about the future management of the building
  • Warnings as to cost consequences and to seek independent legal advice

(Section 78, CLRA 2002, Regulation 3 and Schedule 1, English RTM Prescribed Form Regulations 2010 and Regulation 3 and Schedule 1, Welsh RTM Prescribed Form Regulations 2011.)

A notice of invitation to participate is not invalidated by any inaccuracy in any of the particulars required by section 78 (section 78(5), CLRA 2002). On the face of it, this appears to be a generous saving provision but that is not necessarily the case. Under section 78(7), it would appear to indicate that some attempt must be made to provide each of the required particulars otherwise the particular will not be inaccurate but omitted entirely. Therefore rendering the notice invalid.

Written by James Naylor

Partner, Naylor Solicitors LLP.

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