Alternative cost recovery for remediation works: consultation on proposals to make regulations and statutory guidance under the Landlord and Tenant Act 1985

Closed 31 Mar 2023

Opened 2 Feb 2023


Scope of the consultation 

Topic of this consultation: 

This consultation seeks views on statutory guidance and policy proposals for legislation that would create a duty for landlords to take reasonable steps to ensure that all alternative avenues of cost recovery have been explored before passing remediation costs on to leaseholders.  

This consultation seeks views on proposals for: 

  • the buildings and defects to which the new duty should apply 

  • the detailed steps that landlords should follow before passing on remediation costs to leaseholders 

  • the information that landlords must pass onto leaseholders to demonstrate they have complied with this duty 

Scope of this consultation: 

  • Building safety service charges. 

Geographical scope: 

These proposals relate to England only.                                                                  

Impact assessment: 

There is an impact assessment which provides qualitative and quantitative analytical updates for some of the areas being consulted on through this consultation. You can find a PDF version of this in 'Annex D: Impact assessment' (under the 'Related' section, at the bottom of this page).

Basic information 

Body responsible for the consultation: 

Department for Levelling Up, Housing and Communities (DLUHC). 


This consultation will last for 8 weeks - from 2 February 2023 to 31 March 2023.


For any enquiries about the consultation please contact:

How to respond: 

You may respond by completing an online survey by clicking the 'online survey' button at the bottom of this page.


You can access the consultation via the HTML version on the GOV.UK consultation page, and email your response to the questions in this consultation to


You can send written responses to: 

Consultation on Alternative Cost Recovery for Remediation  

c/o Reform, Legislation and Regulators Division 
Department for Levelling Up, Housing and Communities 
3rd Floor, Fry Building 
2 Marsham Street 

If you are responding in writing (via email or post), please make it clear which  questions you are responding to.  

When you reply, it would be very useful if you confirm whether you are replying as an individual or submitting an official response on behalf of an organisation and include: 

  • your name 

  • your position (if applicable) 

  • the name of organisation (if applicable) 

  • an address (including post-code) 

  • an email address 

  • a contact telephone number 

What happens next

Thank you to all participants for taking the time to respond to our consultation.  

The consultation will close on 31 March 2023. We will be considering these comments when determining how best to take forward the proposed policy.