What is the Building Safety Act 2022?

The Building Safety Act 2022 (BSA 2022) introduced reforms giving residents stronger rights, powers, and protection regarding the safety of their homes. It also introduces new regulations for the construction industry prompted by the Grenfell Tower fire. These regulations ensure greater safety of higher risk buildings both in how they are constructed and for those living in them.

The act creates:

  • Obligations to apply throughout the building’s life cycle.
  • Requirements regarding the competence of those involved in the building process and the residents.
  • Sanctions and methods of enforcement in case of breach, alongside extending the limitation period for civil actions.
  • Construction-related financial costs. A developer levy must be paid prior to construction.

The BSA 2022 will hold relevance to you if you are involved in planning, construction, property management, property dispute resolution, residential development taxation, and health and safety. In a broader context, the relevance of the act has increased due to the provisions extending the limitation period for specific claims, the impact on a leaseholder’s liability for remedial work expenses, changes to requirements for architects’ competence, fire safety legislation, and construction projects.

The act will change how properties are designed, built, and managed in the future whilst holding those responsible for historical building safety defects accountable. It will primarily impact commercial contracts, regulatory systems, and those living in and owning blocks of flats.

What are the Fire Safety (England) Regulations 2o22?

The Fire Safety Regulations lay down new duties under Article 24 of the Fire Safety Order 2005. They seek to improve public safety, reducing harm caused by fires, applicable to ‘responsible persons’ (building owners or managers). The regulations deliver improvements to fire safety in high-rise and multi-occupied residential buildings. They were prompted by the Grenfell Tower Inquiry report.

Coming into force on 23rd January 2023, the regulations consist broadly of the following:

  • It is a legal requirement for responsible persons of high-rise blocks of flats to provide information to Fire and Rescue Services to assist them to plan and, where needed, provide an effective operational response.
  • Additional safety measures must be provided by responsible persons in multi-occupied residential buildings (high-rise and above 11 metres in height).
  • Applicable to existing and new multi-occupied residential buildings, the responsible person must provide fire safety instructions and information on the importance of fire doors to residents.
  • In high-rise residential buildings (over 18 metres) specifically, responsible persons must:
  • Provide their local Fire and Rescue Service with updated electronic building and single page building floor plans identifying firefighting equipment on site. Additionally, information about the design and materials of the building’s external wall system and any changes made to these walls must be given. Any particular risk the design and materials could lead to must be disclosed alongside mitigating steps taken.
  • Monthly checks of lift operation, evacuation lifts, and the functionality of firefighting equipment are needed.
  • Install a secure information box in the building.
  • Install signage visible in low light or smoky conditions, revealing flat and floor numbers by the stairwells.
  • For residential buildings of up to 11 storeys, responsible persons must undertake relevant fire door and flat entrance door checks and identify any fire door defects.

I own four flats; can I claim the protection of the BSA?

The financial protection of the BSA only applies to those who do not own more than three UK residential properties, so you cannot claim protection of the BSA.

The flat I own is my main home, can I claim the protection of the BSA?

You could be eligible for financial protection from the BSA if you are a qualifying leaseholder of a flat in a building above 11 metres or 5 storeys. This means the property must be your main home as of 14 February 2022. You cannot be charged for the removal of cladding or other remedial works on dangerous cladding. Protection also exists from costs linked to building fire safety measures.

Your building owner will be liable to pay to fix historical fire safety defects if they are the developer of your building and it has fire safety defects or they meet a certain wealth threshold. If your building owner does not satisfy these criteria, they can only pass on non-cladding costs up to a cap. It is illegal for costs above the cap to be passed on to qualifying leaseholders.

What is a Leaseholder Deed of Certificate?

A deed of certificate confirms your eligibility for leaseholder protection to the building owner. This is optional to fill in unless your landlord notifies you that they require one. Non-completion will prevent you from benefitting from protections for qualifying leases.

The BSA 2022 has introduced changes entitling some leaseholders to protections against costs arising from certain building safety-related costs. A capped amount will need to be paid by some leaseholders, whilst others will need to pay their usual service charge apportionments that their lease determines.

A Leaseholder Deed of Certificate must be completed by you, the leaseholder, to determine whether you qualify for the new leaseholder protections against building safety costs, which now arise from the BSA 2022. This will assist your landlord to calculate your maximum financial contribution towards each of these costs.

What is a landlord certificate?

Following on from the BSA 2022, landlords should provide Landlords Certificates in the form set out in the schedule of regulations to a leaseholder where:

  • They wish to pass on part of remediation costs to you through service charge.
  • It has been less than 4 weeks since you notified them that your leasehold interest is to be sold.
  • It has less than below 4 weeks since they became aware of relevant defects not covered by a previous landlord’s certificate.
  • It has been less than 4 weeks since you requested it.

A Landlord Certificate evidences whether the building owners’ group meet the contribution condition, whether the landlord group meets the contribution condition and whether the building owner (or Superior Landlord) was associated with the building developer.

Landlord certificates must:

  • Be signed by the current landlord on the date it is provided.
  • Be based on the circumstances of whoever was the relevant landlord on 14 February 2022.
  • Comply with the landlord certificate template.
  • Contain specific relevant information alongside specified evidence.

Costs of remediation cannot be passed onto you where your landlord has not provided a valid Landlord Certificate.

Landlord and Tenant Solicitors London and Guildford

At Gordons Partnership, we have experience in acting on behalf of both landlords and tenants in matters concerning lease negotiations, the Building Safety Act, the Landlord and Tenant Act and more.

To speak to an experienced, professional lawyer about your case today, please call 01483 451900 (Guildford office) or 020 7421 9421 (London office) or email sols@gordonsols.co.uk.

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