Secondary regulations under the Building Safety Act 2022 have been laid, revising leaseholder protection provisions for landlords who own flats in higher-risk buildings.
The government has laid secondary regulations under the Building Safety Act 2022 that revise the leaseholder protection provisions relating to qualifying leases and relevant building owners. The regulations clarify the conditions under which landlords can recover remediation costs from qualifying leaseholders and strengthen the protections for those who meet the qualifying criteria.
The regulations are relevant to landlords who own residential flats in higher-risk buildings (those over 11 metres or 5 storeys) as leaseholders. Whether a lease constitutes a qualifying lease, and therefore attracts the statutory cost protections, depends on the leaseholder's interest at the relevant date and the nature of the defect. The regulations provide updated guidance on both tests.
Landlords who own leasehold flats in taller buildings and have received or are expecting remediation notices should review their position under the revised regulations. The Building Safety Remediation Team at DLUHC provides guidance for individual cases. Landlord Insights will cover further secondary legislation under the Building Safety Act as it is published.
Action required
Landlords who own leasehold flats in taller buildings and have received or are expecting remediation notices should review their position under the revised regulations.
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