Building Safety Act Guidance for Leasehold Properties

Understanding your legal rights as a leaseholder can be complex, but it is essential to protect your property from unlawful claims.

 At Henriques Griffiths, our experienced property law solicitors are here to guide you through the implications of the Building Safety Act (BSA) 2022.

We truly understand the confusion of handling complex legislation, especially when you’re unsure of your position.

Our team will work closely with you to clarify how the Act affects your leasehold property and provide constructive and helpful advice to protect your interests.

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Our property law team includes members of the Law Society's Conveyancing Quality Scheme, reflecting our commitment to high standards in residential conveyancing.

We are also Lexcel accredited by the Law Society for our excellence in practice management and client care. These accreditations demonstrate our dedication to providing reliable and effective legal services.

Get in touch with one of our expert Building Safety Act solicitors today by contacting your local Henriques Griffiths office in Bristol or Winterbourne.

You can alternatively use our simple enquiry form to ask a question or request a call back.

How our Building Safety Act solicitors in Bristol can help you

We provide a full range of Building Safety Act services for leasehold property owners, including:

  • Advice on Building Safety Act compliance
  • Advice on remedial work enforcement
  • Explaining the implications to a buyer of a Building Safety Act property
  • Explaining issues arising in the sale of a Building Safety Act property to a seller
  • Challenging service charge claims regarding building safety
  • Determining if any non-Building Safety Act costs are applicable to the property
  • Advice on leaseholder protections where the Building Safety Act applies
  • Determining if your lease is a qualifying one

For more information about our services, see our conveyancing solicitors.

Building Safety Act Guidance for Leasehold Properties FAQs

What is the Building Safety Act 2022?

The Building Safety Act 2022 is a legal framework designed to improve building safety standards in England and Wales. It introduces new duties for landlords and developers, strengthens oversight for high-rise buildings, and protects leaseholders against unfair remediation costs.

The BSA 2022 and Building Safety Landlord Certificates were introduced in response to concerns about fire safety and structural risks, ensuring a clearer regulatory process for managing and resolving building safety issues.

How does the Building Safety Act 2022 affect leaseholders?

The BSA 2022 provides important safeguards for leaseholders against excessive costs for fixing historical safety defects.

If you live in a qualifying building and hold a qualifying lease, you may be protected from paying for the removal of unsafe cladding and may have limits placed on other remediation charges.

The legislation also increases transparency, requiring landlords to justify any building safety-related costs before passing them on to leaseholders.

If you have been asked to contribute towards remediation work, it is important to check whether the charges comply with the Act. If you are unsure about your rights, our expert conveyancing solicitors can help clarify your position.

What are qualifying leaseholders under the Building Safety Act?

A Building Safety Act 2022 qualifying leaseholder is someone who, as of 14 February 2022, owned a long lease on a property within a residential building that is at least 11 metres high or has five or more storeys. To qualify for certain protections, the property must have been your main residence, or you must own no more than three residential properties across the UK.

These rules determine whether you are entitled to protection from remediation costs under the Act. If you are uncertain about your eligibility, you should check your lease and seek professional advice. Our Building Safety Act conveyancing team can help clarify this often complex process so you are aware of your rights and can take the necessary action.

What costs are leaseholders protected from under the Building Safety Act?

The Act prevents qualifying leaseholders from being charged for the cost of removing unsafe cladding. It also places limits on charges for other building safety defects, including structural issues and fire safety concerns. Interim measures, such as waking watch costs, may also be capped.

The exact level of protection varies depending on individual circumstances, including the ownership history of the building and whether the landlord has the resources to cover remediation work. If you have received a demand for payment, it is important to verify whether the costs fall within the limits set by the Act.

What should leaseholders do if they receive a service charge for building safety works?

If you receive a service charge for building safety work, the first step is to check the breakdown of costs and request a landlord’s certificate if one has not been provided. This document will confirm whether your landlord is responsible for covering the costs under the Act.

If you believe the charges are unfair or exceed the legal limits, you may be able to challenge them. In some cases, landlords have incorrectly passed on costs that developers or building owners should cover. Seeking legal advice can help you determine whether you have grounds to dispute the charges and what action to take next.

How can leaseholders check if they qualify for the Building Safety Act protections?

You can check your eligibility by reviewing the key criteria set out in the Act. This includes confirming the height of your building, the number of storeys, and whether you met the qualifying leaseholder conditions as of February 2022.

In addition, leaseholders can request information from their landlord, such as a landlord’s certificate, to clarify who is responsible for remediation costs. The government has also published official guidance to help leaseholders understand their rights.

If you are unsure about your eligibility or need assistance in disputing charges, our solicitors can provide bespoke advice to help you take the appropriate steps.

Our Building Safety Act for leasehold properties solicitors’ fees

At Henriques Griffiths, we’re committed to making our legal services as accessible and transparent as possible.

This means that we’ll clearly outline all expected costs prior to the start of your case and alert you immediately should any extra charges arise.

For Building Safety Act cases, we typically charge on a fixed-fee basis, however, some more complex cases will be charged at an hourly rate.

Please get in touch with the team for a clear outline of what the costs for your case might look like. We also have a conveyancing quote calculator tool that may be useful for your project.

Why choose Henriques Griffiths’ Building Safety Act solicitors in Bristol?

Henriques Griffiths are proud to have offered expert property law advice for around 50 years. As a longstanding pillar of the community across Bristol, our reputation is built on the excellent feedback we receive from clients.

We know how complex Building Safety Act matters can be, and we promise a personable approach that clearly outlines your options, so you can be fully confident about your next steps.

Independent recognition of our expertise

Our property law team include several members of the Law Society's Conveyancing Quality Scheme, which reflects our excellent standards of service in conveyancing law.

We are Lexcel accredited by the Law Society for our superb standards of client care and practice management, so you can trust that your Building Safety Act case will be handled with respect and care.

Contact our Building Safety Act for leasehold property solicitors in Bristol today

Get in touch with one of our expert Building Safety Act solicitors today by contacting your local Henriques Griffiths office in Bristol or Winterbourne.

You can alternatively use our simple enquiry form to ask a question or request a call back.