{
  "url": "https://openlegislation.uk/building-safety-act-2022/schedule-8/paragraph-2",
  "json_url": "https://openlegislation.uk/building-safety-act-2022/schedule-8/paragraph-2.json",
  "legislation": "ukpga/2022/30",
  "legislation_title": "Building Safety Act 2022",
  "legislation_url": "https://openlegislation.uk/building-safety-act-2022",
  "path": "schedule/8/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": "No service charge payable for defect for which landlord or associate responsible",
  "text": "(1) This paragraph applies in relation to a lease of any premises in a relevant building.\n(2) No service charge is payable under the lease in respect of a relevant measure relating to a relevant defect if a relevant landlord—\n(a) is responsible for the relevant defect, or\n(b) is associated with a person responsible for a relevant defect.\n(3) For the purposes of this paragraph a person is “responsible for” a relevant defect if—\n(a) in the case of an initial defect, the person was, or was in a joint venture with, the developer or undertook or commissioned works relating to the defect;\n(b) in any other case, the person undertook or commissioned works relating to the defect.\n(4) In this paragraph—\n“developer” means a person who undertook or commissioned the construction or conversion of the building (or part of the building) with a view to granting or disposing of interests in the building or parts of it;\n“initial defect” means a defect which is a relevant defect by virtue of section 120(3)(a);\n“relevant landlord” means the landlord under the lease at the qualifying time or any superior landlord at that time.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "Sch. 8 para. 2 modified (20.7.2022) by The Building Safety (Leaseholder Protections) (England) Regulations 2022 (S.I. 2022/711), regs. 1(1), 10"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 8 para. 2 in force at 28.6.2022, see s. 170(3)(a)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "word omitted",
      "affecting": "ukpga/2024/22",
      "affecting_title": "Leasehold and Freehold Reform Act 2024"
    },
    {
      "type": "word substituted",
      "affecting": "ukpga/2024/22",
      "affecting_title": "Leasehold and Freehold Reform Act 2024"
    },
    {
      "type": "words substituted",
      "affecting": "ukpga/2024/22",
      "affecting_title": "Leasehold and Freehold Reform Act 2024"
    },
    {
      "type": "omitted",
      "affecting": "ukpga/2024/22",
      "affecting_title": "Leasehold and Freehold Reform Act 2024"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/2",
    "retrieved_at": "2026-10-29T08:56:43.272944+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}