The Building Safety Act 2022 changes the law to make buildings safer, deliver improvements across the entire built environment, and strengthen oversight and protections for residents in high-rise buildings.
One of the key changes delivered by the Building Safety Act is the creation of a suite of statutory leaseholder protections, which ensure that those who built defective buildings take responsibility for remediating them, that industry contributes to fixing the problem, and that qualifying leaseholders are protected in law from the financial burden of remediating historical building safety defects.
Section 133 of the Building Safety Act creates the last stage in this suite of protections. It amends the Landlord and Tenant Act 1985 to insert a new duty on landlords. Where landlords are able to pass on certain remediation costs to leaseholders, they must take reasonable steps to ensure that all alternative avenues of cost recovery have been explored before doing so.
This consultation seeks your views on:
the scope of these duties (the types of buildings and remediation costs that the duty should apply to)
the proposed content of the guidance explaining the reasonable 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
There is an impact assessment which provides qualitative and quantitative analytical assessments for the areas being consulted on through this consultation. You can find a PDF version of the impact assessment in 'Annex D: Impact assessment' (below).
Please find a PDF version of the impact assessment below.
If you wish to download the document, click on the 'tools' button at the top right hand corner of the document, and then click the 'download' button.