Building Safety Act 2022: What Leaseholders Need to Know

The Building Safety Act 2022 has introduced obligations on landlords which all leaseholders and potential buyers will need to be aware of. These rules apply to residential buildings that are at least 11 metres high or have five or more storeys and can significantly affect leasehold property transactions.

At Hatch Brenner Solicitors, Conveyancing in Norwich, we guide clients through these changes to ensure compliance and peace of mind.

Key Practice Points for Leasehold Transactions

1. Check Lender Requirements

Mortgage lenders may have specific conditions regarding the Building Safety Act. We will always check the lenders instructions carefully before proceeding however to avoid potential delays we would also recommend ensuring that your lender is aware if the Property falls within the Building Safety Act as not all lenders will lend on these Properties.

2. Landlord’s Certificate

If the Building Safety Act 2022 requires it, the seller must provide a valid landlord’s certificate. Without this, remediation costs cannot be passed on to leaseholders.

3. Leaseholder’s Deed of Certificate

If required we will ensure that a Leaseholder Deed of Certificate is provided for the flat or apartment. This protects buyers against future liability.

4. Remediation Contribution Orders

Buyers should be advised that landlords may apply for a remediation contribution order, allowing them to recover costs previously paid via service charges to fix fire safety defects.

5. Legal Fees and Additional Work

Given the extra documentation and checks involved, we would advise letting us now at estimate level whether the Property is over 11 meters in height or has five or more storeys in order that we can advise you of our additional fees for dealing with this.  

7. Additional Enquiries

Even if a property does not seem to fall under these rules, it is prudent to raise specific enquiries about remediation issues in all leasehold flat transactions.

Why This Matters

The Building Safety Act aims to improve safety and accountability in high-rise buildings. However, is also creates additional responsibilities for those involved in leasehold transactions. Ensuring all certificates and documentation are in place helps avoid delays, disputes, and unexpected costs.

For advice, contact our experienced team in Norwich today.

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