Explanatory note

Sections 116 to 125 of, and Schedule 8 to, the Building Safety Act 2022 (“the Act”) make provision in relation to remediation of certain defects in buildings. In particular, those provisions include protections from liability for leaseholders in specific circumstances.

These Regulations support those leaseholder protection provisions.

Regulation 2 makes provision for and in connection with remediation orders under section 123 of the Act. In particular, it sets out what an application to the First-tier Tribunal for a remediation order must include.

Regulations 3 to 5 make provision for recovery of amounts as between landlords where, because of paragraphs 2, 3, 4 to 9, and 11 of Schedule 8 to the Act, a service charge cannot be claimed from a leaseholder under a lease.

Regulation 3 provides that where in relation to a lease any landlord (L) pays or is liable to pay an amount in relation to the remediation of a defect and on 14th February 2022 a landlord under the lease or any superior landlord (or an associate) was responsible for the defect (see paragraph 2 of Schedule 8 to the Act), then L may recover the amount from the current landlord under the lease and any superior landlord.

Regulation 4 provides that where in relation to a qualifying lease (see section 119 of the Act) any landlord (L) pays or is liable to pay an amount in relation to the remediation of a defect and on 14th February 2022 a landlord under the qualifying lease met the contribution condition (see paragraph 3 of Schedule 8 to the Act) then L may recover the amount from the current landlord under the qualifying lease.

Regulation 5 provides that where in relation to a lease any landlord (L) pays or is liable to pay an amount in relation to the remediation of a defect and paragraphs 4 to 9, or 11 of Schedule 8 apply then L may recover part of the amount from each landlord with the part of the amount calculated in accordance with the formulas set out.

Regulations 3, 4 and 5 also provide the person sent a notice of liability with a right of appeal to the First-tier Tribunal and they set out the grounds of appeal in each case.

Regulation 6 sets out the steps a landlord must take in relation to identifying whether the lease is a qualifying lease. Regulation 6 also makes provisions in relation to the deed of certificate a leaseholder should provide. The deed of certificate sets out information landlords need in relation to each lease for the purposes of applying the provisions in the leaseholder provisions.

Regulation 7 provides that the leaseholder deed of certificate must be in the form set out in the Schedule to these Regulations and must be executed as a deed.

Regulation 8 provides for a periodic review of regulatory provisions of these Regulations.

An impact assessment is available with the explanatory memorandum for these Regulations at www.legislation.gov.uk. A copy may be inspected at the Department for Levelling Up, Housing and Communities, 2 Marsham Street, London SW1P 4DF.