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Development Monitoring Group - Updated January 2023

Within BWCRA the Development Monitoring Group (DMG) liaises with Remus, the Consortium and other parties including the Vale of Glamorgan Planning and Highways Departments to clarify issues of general or individual concern to Residents working in a collaborative, proactive but challenging way to support accountability on the waterfront. It is recommended that Residents should make themselves aware of the contractual requirements contained within the Purchase Contract documentation (Contract of Sale, TP1 Schedules, Plot Plans etc).

This update covers:

New Welcome Packs from Remus

Some residents have recently received a welcome pack from Remus following their adoption of new open spaces into the Open Space management in 2022. This welcome pack may have come out of the blue to some residents and a long time after property completion as properties are only handed over to Remus once all public areas are completed. Remus are contracted to manage the Public Open Spaces on the estate and the charges levied are used to maintain the public spaces which will not be adopted by the Vale of Glamorgan council. Residents will have received a welcome pack, along with an invoice for moneys owed for 2022. It is important to check when the invoice is received that any moneys owed to Remus have taken into account any credits from moneys paid to solicitors in advance on completion of your property purchase. If they do not, then this should be queried with Remus.

Maintenance Charge Demand for 2023 - Updates in bold

Members of the Development Monitoring Group had their first meeting of the year with the Regional and Senior Property Managers of Remus on Friday 6th January. Among the matters discussed were the account demands for 2023 and the final accounts for 2020.

Most immediately, we considered the 2023 demands which should be issued within the next 2 to 3 weeks. After consideration of our representations, it is anticipated that the demand will show a marginal increase of less than £1 which, taking into account the wider economics and cost of living increases, seems to be a positive outcome.

Remus recognised that there had been on-going difficulties the preparation of the 2023 demand for which they apologised.

BWCRA are aware that there have been some social media traffic regarding the Remus Management Charge Demands due this month and suggestions made that payment of the Charge should be withheld. Whilst Residents may wish to pursue this course of action, BWCRA would not support this as non-payment would be in breach of the TP1 Agreement signed at the time of property purchase.

The Demand is not an invitation to pay but a demand for payment to be in advance ‘on account’ for Estate Services to be carried out in 2023 based on an assessed budget. There is no provision within the TP1’s for any pay-less process nor for any discussion prior to payment. Any non-payment or late payment will attract Late Payment Charges as stated in TP1 Clause BWCRA understand that the level of charge, in the absence of any stated figure, is covered by the Late Payment of Commercial Debts (Interest) Act 1998.

No figures are included in the TP1’s but it is understood from BWCRA discussion with Remus they do not charge for the initial “First Stage” letter requesting payment usually sent 10 days after payment is due. This letter advises that fees may be incurred if payment is not received. If no payment is received, a “Second Stage” letter is issued for which a fee of £40 is charged. If the matter proceeds further to the “Third Stage” debt recovery stage, a fee of £95 is charged which includes the cost of preparing papers to be forwarded to solicitors.

Any outstanding debts on any individual property may affect the sale of that property in the future in terms of title transfer, re-mortgaging, and/or third party mortgage applications/offers. It should be noted that the demand is a budget only and when Final Accounts for the Year 2023 are produced any underspend will be credited back to the Property or any overspend charged to the Property as part of the next year’s budget.

Any challenges to the Demand should be made following payment of the Demand which if successful would then be reflected as credits, failure to pay would incur late charges.

Residents should ensure that Remus have the correct contact details

If any Resident are experiencing any financial difficulties in making the payment, they should inform and discuss this with Remus without delay.

Previous Year Final Accounts 2020/2021 - Updates in bold

Remus recognised that there had been on-going difficulties with the final accounts for 2020 and 2021, for which they apologised. During 2023, they anticipate that they will finalise the final accounts outstanding, together with those for 2022

Turning to the 2020 final accounts, the Development Monitoring Group has seen a draft of the 2020 final accounts and were able to highlight a couple of errors of fact, as well as commenting on their presentation. It is anticipated that some properties will show a small overpayment, with others showing a small underpayment. In the majority of cases, these amounts will be less than £10.

Once the final documentation is agreed and distributed, we will comment further on the details.

In the meantime, we shall continue to engage with Remus on behalf of Association members, and residents more generally.

BWCRA are concerned over the late issue by Remus of the final annual accounts for both 2020 and 2021. Draft accounts for 2020 have been received by BWCRA and several comments returned for correction. These mainly concerned the allocation of some expenditure (H&S Inspections/legal fees) which had been allocated to the general budget rather than individual apartment blocks or properties. BWCRA have been advised that the issue of the 2020 accounts is imminent and the 2021 accounts should follow.

The TP1 states that final accounts should be provided ‘as soon as practicable’ following the end of the affected year. Unfortunately, there is no legal definition of the phrase ‘as soon as practicable’. It is not unusual for Estate Management companies to issue late accounts.

BWCRA will continue to liaise with Remus to establish a more robust timescale for the issue of future accounts information.

Property Contribution to the Maintenance Charge - Updates in bold

Some concern has been expressed that not all properties are currently contributing to the

Management Charge. It is understood that around 550 out of the 1375 or so properties on

West Pond, Arno Quay and the South Side of the Dock are currently ‘registered’ with Remus.

(excludes East Quay). As more of the Public Open Space areas are being completed by the

Consortium and handed over to Remus, the 550 will increase.

Remus can only issue Welcome Packs and register properties when the relevant information is released and passed to them by the individual Developers. It should be noted that the Maintenance Charge for individual properties is a division of the total budget by 1568. The 1568 figure reflects the total number of properties planned for the development (incl. East Quay).

It is understood that, as areas are currently being completed, the Consortium has issued further property details for registration with Remus and that welcome packs will be issued in January 2023

Just to clarify that no Maintenance Charge is payable until Remus issue the Welcome Pack. The charge will only be for the part-year between issue and December of that year and will be discounted to reflect the Maintenance Charge ‘levy’ paid as part of the property purchase

conveyance monies which reflect the month of purchase.

BWCRA only have general information on those areas handed over to Remus and have requested larger scale drawings which clearly identify those areas and define the areas which in the future will be managed by them or the Local Highways Authority.

Residents are requested to examine their conveyance Plot Plan/Drawing to identify areas for which they are individually responsible for. These typically may the any strip of land between a garden wall and the back of pavement kerb/line.

Membership of the Management Company

A condition of purchase requires that each property is required to become a member of the Barry Waterfront Residents Management Company, a Company limited by Members liability Guarantee of £1.00. The Company is currently managed by Directors appointed by the Consortium. Management control will pass to the Residents following completion of Development at which time Members will receive voting rights and can determine its future methods of working. Previous posts on the BWCRA Website have explored this topic.

All properties that are ‘registered’ with Remus will have been provided with a copy of the

Membership Form and should return this to Remus to ensure compliance with the purchase contract documentation.

There is provision for Members to resign at a future date. However an administration charge may be levied.

Completion of the Landscape Works

BWCRA share the concerns of Residents over the slow progress/completion of the landscaping works and the Highways adoption process. There has been minimal meaningful response from the Consortium or its Agents. The assistance of our local councillor, Mark Hooper and the Vale of Glamorgan Planning Enforcement Team has been sought and any breaches of the Approved Planning information are being investigated in terms of what action can be taken to expedite the process.

Some progress has been observed along Ffordd y Dociau and in Waterside Gardens (adjacent to the south end of the District Centre) but work seems sporadic ad half-hearted.

Residents may aware that the strip of land at the top of the Ffordd y Dociau ‘cliff’ forms part of the Barry Waterfront Development site. Little or no works have been observed in that area.

The Consortium have been reminded that they remain responsible for the maintenance of any areas not yet handed over to Remus or the Highway Authority. This includes weed removal, road repairs and litter removal.

Should you have specific concerns, please contact BWCRA at

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There has been recent activity on Facebook with a suggestion of residents withholding their membership of the Management Company, Barry Waterfront Residents Management Company Ltd. Residents clearly h