# Building Safety Act 2022, Paragraph 2: No service charge payable for defect for which landlord or associate responsible

Extent: E+W

(1) This paragraph applies in relation to a lease of any premises in a relevant building.
(2) No service charge is payable under the lease in respect of a relevant measure relating to a relevant defect if a relevant landlord—
(a) is responsible for the relevant defect, or
(b) is associated with a person responsible for a relevant defect.
(3) For the purposes of this paragraph a person is “responsible for” a relevant defect if—
(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;
(b) in any other case, the person undertook or commissioned works relating to the defect.
(4) In this paragraph—
“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;
“initial defect” means a defect which is a relevant defect by virtue of section 120(3)(a);
“relevant landlord” means the landlord under the lease at the qualifying time or any superior landlord at that time.

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Source: https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/2 (the official version)
Page: https://openlegislation.uk/building-safety-act-2022/schedule-8/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.