# Building Safety Act 2022, Paragraph 9: No service charge payable for legal or professional services relating to liability for relevant defects

Extent: E+W

(1) No service charge is payable under a qualifying lease in respect of legal or other professional services relating to the liability (or potential liability) of any person incurred as a result of a relevant defect.
(1A) Sub-paragraph (1) does not apply to the extent that the service charge is payable to a management company in respect of legal or other professional services provided to the company in connection with an application or possible application by the company for or relating to a remediation contribution order under section 124.
(2) In this paragraph the reference to services includes services provided in connection with—
(a) obtaining legal advice,
(b) any proceedings before a court or tribunal,
(c) arbitration, or
(d) mediation.
(3) In sub-paragraph (1A) “management company” means—
(a) a resident management company, or
(b) an RTM company within the meaning of Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002 (right to manage).
(4) “Resident management company” means a body corporate which is party to a lease of a building where—
(a) the body corporate is limited by guarantee and the members of that body are tenants under leases of dwellings in the building (“leaseholders”), or
(b) the majority of the shares of the body corporate are held by leaseholders.

---
Source: https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/9 (the official version)
Page: https://openlegislation.uk/building-safety-act-2022/schedule-8/paragraph-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.