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Building Safety Act: New Rules for Landlords and Leaseholders

The Building Safety Act 2022 introduces new obligations for landlords, with specific protections for leaseholders and updated fire safety duties for various residential buildings.

  • The Building Safety Act's leaseholder protections apply to buildings at least 11 metres tall or with five storeys and two or more dwellings.
  • From 1 October 2023, responsible persons for any building with two or more domestic premises must record a full fire risk assessment.
  • Since 6 April 2026, higher-risk buildings and blocks over 11 metres without a stay-put strategy require evacuation plans for residents with disabilities.

The Building Safety Act 2022, while often associated with high-rise buildings, includes provisions that extend to smaller landlords and a wider range of residential properties.

The Act's leaseholder protections apply to buildings that are at least 11 metres tall or have five storeys and contain two or more dwellings. These protections shield leaseholders from the cost of fixing historic safety defects, generally those created between 28 June 1992 and 27 June 2022. Full protection is available if the lease was granted before 14 February 2022, and on that date, the flat was the leaseholder's only or principal home, or they owned no more than three dwellings in total.

Landlords owning four or more dwellings generally have non-qualifying leases, meaning they are not subject to the same caps on non-cladding remediation costs as qualifying leaseholders. Non-cladding costs for qualifying leaseholders are capped at £10,000 outside London and £15,000 inside it, spread over ten years.

Separately, Section 156 of the Act amended the Fire Safety Order from 1 October 2023. This requires the responsible person for any building with two or more sets of domestic premises to record a full fire risk assessment, regardless of the building's height. Additionally, the Fire Safety (England) Regulations 2022 mandate fire safety instructions for residents in all multi-occupied residential buildings.

Recent changes include a requirement from 6 April 2026 for responsible persons in higher-risk buildings and blocks over 11 metres without a stay-put strategy to have evacuation plans for residents whose disability affects their ability to escape. From 30 September 2026, new residential blocks over 18 metres will need a second staircase. The Building Safety Levy will also apply to new developments of ten or more homes from 1 October 2026.

Why this matters: The Building Safety Act introduces significant financial and administrative responsibilities for landlords, particularly those with multiple properties, and provides protections for leaseholders regarding historic safety defects.

What this means for you: If you own a flat in a relevant building, you may need to complete a leaseholder deed of certificate when selling or remortgaging. If you own a converted house split into flats, you are responsible for a recorded fire risk assessment for common parts.

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