The Building Safety Act 2022
This page is dedicated to informing leaseholders about the new Building Safety Act 2022 and its implications for those living in blocks of flats. As a leaseholder, it's essential to be aware of the changes in legislation that affect your rights and responsibilities as a resident.
The Building Safety Act 2022 is a significant piece of legislation that has been introduced to improve the safety and quality of buildings in England and Wales, especially those containing multiple dwellings. This Act has been designed to ensure that all residents can live safely and comfortably in their homes, with a particular focus on the prevention of fire and other hazards.
On this page, we aim to provide you with information that you need to understand the Building Safety Act 2022 and how it affects leaseholders. We'll cover the key changes in legislation, the responsibilities of landlords and managing agents, and what you need to know to ensure your safety and wellbeing as a leaseholder.
Relevant Defects
For a defect within a building to be defined as a 'relevant defect', it must meet all of the following criteria:
A. IT PUTS PEOPLE’S SAFETY AT RISK FROM THE SPREAD OF FIRE, OR STRUCTURAL COLLAPSE
B. IT HAS ARISEN FROM WORK DONE TO A BUILDING, INCLUDING THE USE OF INAPPROPRIATE OR DEFECTIVE PRODUCTS, DURING ITS CONSTRUCTION, OR ANY LATER WORKS (SUCH AS REFURBISHMENT OR REMEDIATION)
C. IT HAS BEEN CREATED IN THE 30 YEARS PRIOR TO THE LEASEHOLDER PROTECTIONS COMING INTO FORCE (MEANING THE DEFECT HAD TO BE CREATED FROM 28 JUNE 1992 TO 27 JUNE 2022), AND
D. IT RELATES TO AT LEAST ONE OF THE FOLLOWING TYPES OF WORKS:
THE INITIAL CONSTRUCTION OF THE BUILDING,
THE CONVERSION OF A NON-RESIDENTIAL BUILDING INTO A RESIDENTIAL BUILDING, OR
ANY OTHER WORKS UNDERTAKEN OR COMMISSIONED BY OR ON BEHALF OF THE BUILDING OWNER (THE DEFINITION OF ‘BUILDING OWNER’ CAN BE FOUND IN WHAT ARE MY BUILDING OWNER’S LEGAL OBLIGATIONS?), OR MANAGEMENT COMPANY.
Qualifying Leaseholders
A lease is qualifying if it meets all of the following criteria:
A. IT IS A LONG LEASE (MORE THAN 21 YEARS IN LENGTH) OF A SINGLE DWELLING WITHIN A BUILDING OF ABOVE 11 METRES OR AT LEAST FIVE STOREYS
B. YOU ARE RESPONSIBLE FOR PAYING A SERVICE CHARGE
C. THE LEASE WAS GRANTED BEFORE THE 14 FEBRUARY 2022
D. ON 14 FEBRUARY 2022:
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the dwelling was your only or main home, meaning it was the home where you spent most of your time, or
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you did not own more than 3 dwellings in the United Kingdom in total - please note, dwellings outside of England will not be covered by the leaseholder protections.
WWW.GOV.UK/GUIDANCE/QUALIFYING-DATE-QUALIFYING-LEASE-AND-EXTENT
Relevant Building
FOR A BUILDING TO BE DEFINED AS A ‘RELEVANT BUILDING’, IT MUST MEET ALL OF THE FOLLOWING CRITERIA:
A. IT IS AT LEAST 11 METRES IN HEIGHT OR HAS AT LEAST FIVE STOREYS (WHICHEVER IS REACHED FIRST)
B. IT CONTAINS AT LEAST TWO DWELLINGS
C. IT IS NOT A LEASEHOLDER-OWNED BUILDING