The Building Safety Act 2022 introduces significant changes for leaseholders in England, especially those living in multi-occupied residential buildings. At its core, the legislation shifts responsibility for historic building safety defects away from innocent leaseholders and places it firmly on building owners, developers and associated parties. For leaseholders, this means stronger protections around building safety, remediation costs and service-charge risk.
The Act applies to so-called “relevant buildings” – typically residential blocks of flats above 11 metres in height or with five or more storeys, and “qualifying leases”. Leaseholders in such buildings now benefit from a suite of protections. According to the government’s official guidance, from 28 June 2022 a qualifying leaseholder in England “can no longer be charged for cladding remediation” and, for other historic safety defects, there is a statutory cap on what may be passed on.
Key protections include the right not to be billed via service charge for cladding remediation and liability caps for certain non-cladding defects. However, these benefits are conditional: they apply only if your building and lease satisfy the prescribed definitions of “relevant building” and “qualifying lease”.
In practical terms, as a leaseholder you should check whether your building meets the criteria, whether your lease qualifies and whether the landlord has complied with their obligations (for example by issuing the required landlord certificate). If you are buying a flat, this becomes a vital due-diligence point: unresolved building safety issues and liability for historic defects can affect both market value and mortgage-approval prospects.
While the Act offers real protections, it does not eliminate all service-charge risk. Ongoing safety management, maintenance and future remedial works may still generate charges. That is why leaseholders in “building safety” relevant blocks must remain vigilant and seek specialist advice where uncertainty remains.
For full official government guidance, please see: Building safety leaseholder protections: guidance for leaseholders – GOV.UK and Building Safety Act 2022 leaseholder protections: what to do GOV.UK+1
At Penerley Solicitors, we assist leaseholders, freeholders and managing agents with the complex implications of the Building Safety Act 2022, offering clear advice on building safety obligations, remediation costs and leasehold rights.
