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The Building Safety Regulations 2022

The Building Safety Act 2022 makes provision for details of the operation of many of its sections to be set out in Regulations made by the Secretary of State. On 20 July, one such set was made, particularly interesting to residential landlord and tenant specialists: the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022. They came into force on 21 July (https://www.legislation.gov.uk/ukdsi/2022/9780348235791).

These Regulations do three things, all for relevant buildings (at least 11m or 5 storeys: see s117 of the Act). First, pursuant to s123, they set out the required contents of an application to the FtT for a remediation order, an order, available in certain circumstances, requiring a relevant landlord to remedy certain relevant defects causing a building safety risk as to spread of fire or building collapse. Secondly, for service charges for the costs of relevant measures to remedy certain defects to do with risk of fire or building collapse made irrecoverable under one of the paragraphs of schedule 8 of the Act, the Regulations give details about the recovery of costs from other landlords, as expected from para 12 of schedule 8. Thirdly, as per para 15, they make provision for tenants to send a landlord a leaseholder deed of certificate, and its contents, about whether the lease is a qualifying lease hence a lease to which the service charge irrecoverability provisions of paras 3 to 9 of schedule 8 apply.

Note also the Government’s consultations under Parts III and IV of the Act, open until 12 October 2022: https://www.gov.uk/government/consultations/consultation-on-implementing-the-new-building-control-regime-for-higher-risk-buildings-and-wider-changes-to-the-building-regulations-for-all-buildings and https://www.gov.uk/government/consultations/consultation-on-the-new-safety-regime-for-occupied-higher-risk-buildings, and the leaseholder protection guidance: https://www.gov.uk/guidance/building-safety-leaseholder-protections-guidance-for-leaseholders and other guidance on the Building Safety Act 2022 published by the Government on 21 July.

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