{
  "url": "https://openlegislation.uk/draft-building-safety-leaseholder-protections-information-etc-england-regulations-2022/regulation-5",
  "json_url": "https://openlegislation.uk/draft-building-safety-leaseholder-protections-information-etc-england-regulations-2022/regulation-5.json",
  "legislation": "ukdsi/2022/9780348235791",
  "legislation_title": "The Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022",
  "legislation_url": "https://openlegislation.uk/draft-building-safety-leaseholder-protections-information-etc-england-regulations-2022",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Recovery of amounts from other landlords: other cases under Schedule 8",
  "text": "(1) This regulation applies where, in relation to a relevant building, a landlord (L) under any lease has paid or is liable to pay the cost of a relevant measure relating to a relevant defect (“the remediation amount”) which, but for paragraphs 4 to 9 and 11 of Schedule 8 to the Act, would have been payable as a service charge by the tenant under the lease.\n(2) Where this regulation applies, each landlord under any lease in the building is liable to pay L a share of the remediation amount and that share is to be calculated in accordance with paragraphs (4) to (6).\n(3) The amount referred to in paragraph (2) may not include any amount which L is entitled to recover under regulations 3 or 4.\n(4) Where the landlord is a type 1 owner, the share of the remediation amount for each such landlord is—\nwhere—\nA = the remediation amount for the relevant measure paid (or liable to be paid) by L;\nN1 = the total number of type 1 owners of the building;\nN2 = the total number of type 2 owners of the building;\nN3 = the total number of type 3 owners of the building.\n(5) Where the landlord is a type 2 owner, the share of the remediation amount for each such landlord is—\nwhere A, N1, N2 and N3 have the same meaning as in paragraph (4).\n(6) Where the landlord is a type 3 owner, the share of the remediation amount for each such landlord is—\nwhere A, N1, N2 and N3 have the same meaning as in paragraph (4).\n(7) Where paragraph (2) applies L must give a notice to the landlord or landlords of the liability.\n(8) A person who is notified by L of a requirement to pay a share of the remediation amount referred to in paragraph (2) may appeal that notice to the First-tier Tribunal within 30 days of the notification, specifying the grounds of appeal.\n(9) The grounds of appeal are—\n(a) that the remediation amount does not represent the cost of the relevant measure;\n(b) that the person is not a relevant landlord within the meaning of paragraph 12(2) of Schedule 8 to the Act; or\n(c) that the share of the remediation amount determined for the landlord is incorrect.\n(10) For the purposes of this regulation, the reference to landlord (L) includes a RMC or a RTM company.\n(11) In this regulation—\n“leasehold interest” means a long lease (which has the same meaning as in section 119 of the Act);\n“type 1 owner” means a landlord who has a freehold interest in the building or a landlord who has or is treated as having a leasehold interest in respect of 90% or more of the storeys in the building as at the date of the notice under paragraph (7);\n“type 2 owner” means a landlord who has or is treated as having a leasehold interest in respect of more than 40% but less than 90% of the storeys in the building as at the date of the notice under paragraph (7);\n“type 3 owner” means a landlord who has or is treated as having a leasehold interest in respect of 40% or less of the storeys in the building as at the date of the notice under paragraph (7),\nand where a person owns a leasehold interest in premises which form part only of a storey in the building in question they are, for the purposes of the calculations under this paragraph, to be treated as having an interest in respect of the whole storey.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2022/9780348235791/regulation/5",
    "retrieved_at": "2026-10-30T14:45:28.225485+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."
}