Introduced in light of the catastrophic events of the Grenfell Tower tragedy in June 2017, the Building Safety Act 2022 (the Act) contains a vast range of provisions designed to improve the safety of buildings. The Act is particularly significant in terms of its protection of leaseholders, eradicating the standpoint that leaseholders should be the point of contact for paying for the remediation of historical defects.
Who does the Act apply to?
In order for the act to apply to you, you must be a qualifying leaseholder.
The first stage of determining this is to look at the property itself. If the building is above 11 metres in height or more than 5 storeys high, this will satisfy the definition of a relevant building.
The second stage of the test to be satisfied relates to your ownership of the property. In order to satisfy this element, on the 14th of February 2022, your property must have been your main home, or you must be able to demonstrate that you owned no more than three dwellings within the United Kingdom.
You will also be able to demonstrate that you are a qualifying leaseholder if you have purchased your property since the 14th of February 2022 and either of the aforementioned requirements were satisfied on this date.
Moreover, your property must be said to have a relevant historical safety defect. A defect will satisfy this definition if it does any of the following:
- Puts the safety of individuals at risk from the spread of fire, or structural collapse of the building.
- Arises from works that have been done to the building including the use of inappropriate or defective products during the construction of the building or any works carried out at a later date, such as refurbishment work.
- The defect was created between the 28th of June 1992 and the 27th of June 2022.
- The defect relates to works:
- That took place in the construction of the building.
- That took place during the conversion of the building from a non-residential building to a residential building.
- Any other works commissioned by or on behalf of the building owner.
How does the Act protect leaseholders?
Through the introduction of the Act, the government has demonstrated its intention to protect leaseholders from the burden of remediation costs arising from the construction of and works of defective buildings.
The Act details that developers must pay to resolve defects in buildings that they were responsible for either building or carrying out works on. As a result, qualifying leaseholders will be completely protected from all remediation costs relating to cladding systems, funding being available even if the building developer cannot be identified.
If you require advice or help on anything covered above, please contact our team via info@bussmurton.co.uk or call 01892 510 222.
For bespoke advice on this or any other area of law, get in touch with the team now.
Meet the wider team
