Safe buildings
If you are a leaseholder in a building which is taller than 11 metres or five storeys, you may be protected from the costs of replacing dangerous cladding
Under the Building Safety Act 2022, ‘qualifying leaseholders’ are protected from all costs related to fixing unsafe cladding and the cost of fixing non-cladding defects are either capped or not payable.
Historical safety defects
A historical safety defect is a building defect that occurred within the 30 years prior to the Building Safety Act 2022 coming into force on June 28, 2022.
A defect is considered ‘relevant’ if it:
- Puts people at risk of fire spread or structural collapse
- Was caused by work done during construction, refurbishment, or remediation
- Involves the use of defective or inappropriate products
The act covers a range of works, including:
- Replacing inadequate fire doors
- Fixing missing compartmentation
- Remediating combustible cladding
- Interim fire measures, such as waking watch costs
Who qualifies for the protections?
Leaseholders who are entitled to the protections are known as ‘qualifying leaseholders’ and must meet the following criteria:
- The property is in a building that is at least 11 meters (or 5 storeys) tall
- The property was the leaseholder’s main home on February 14, 2022
- The leaseholder owned no more than three residential properties in the UK on February 14, 2022
- The lease is for a minimum of 21 years
- The lease was granted before February 14, 2022
- The leaseholder is liable to pay service charges
The protections that apply to a qualifying leaseholder are automatically transferred to future buyers of the lease.
What costs am I protected from?
Qualifying leaseholders are protected from all cladding system remediation costs.
Non-cladding related costs are fixed at a cap of no more than £10,000 for leaseholders outside London, and £15,000 within London. In addition, leaseholders with properties valued at less than £175,000 outside London and £325,000 inside London will be exempt from any costs.
If you are a shared owner, your cap is reduced in proportion to your equity in the property
Useful links
Check if you’re eligible at gov. uk
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