Building Safety Remediation for Leaseholders
How leaseholders in buildings with fire safety defects can access remediation and protections under the Building Safety Act 2022.
Overview
Following the Grenfell Tower tragedy, the Building Safety Act 2022 introduced protections for leaseholders in buildings with fire safety defects (particularly cladding). Qualifying leaseholders in buildings over 11 metres are protected from remediation costs in most circumstances. Developers and building owners have been required to sign pledges and contribute to remediation funds.
Step-by-Step Process
Identify the defects and your building's status
Check if your building has been identified as having fire safety defects (unsafe cladding, missing fire breaks, inadequate compartmentation). Your building owner/manager should have commissioned a fire risk assessment. Check the Government's building safety data for your postcode.
- Request a copy of the EWS1 form and fire risk assessment from your building manager
- Buildings over 18m may qualify for the Building Safety Fund
Check your leaseholder protections
Under the Building Safety Act 2022, qualifying leaseholders (those who owned their flat on 14 February 2022 and meet certain conditions) are protected from remediation costs. Non-qualifying leaseholders may face capped contributions. Check whether your freeholder has signed the Developer Remediation Contract.
- You qualify if your flat was your only or main home, or worth under £1m (£325k outside London)
- The building owner/developer should bear costs, not leaseholders
Report issues and seek support
If your building owner is not taking action, report the matter to the Building Safety Regulator (within HSE). Leaseholders can also seek support from LEASE (the leasehold advisory service) and the Government's cladding support helpline.
- The Building Safety Regulator can take enforcement action
- Free legal advice is available through LEASE
Costs
Important Warnings
Do not ignore waking watch or interim fire safety costs — you may be able to recover these.
Building insurance premiums may be affected — challenge unreasonable increases.
Selling a flat in an affected building may be difficult without an EWS1 form.