The Building Safety Act 2022 reformed how higher-risk buildings are regulated in England following the Grenfell Tower fire — creating new safety duties and, for many leaseholders, protections on remediation costs.
Safety regulation
The Act established the Building Safety Regulator and new duties for accountable persons and building safety managers. Higher-risk residential buildings (generally 18 metres or more, or seven storeys and above) face a stronger safety case regime, with scope for other buildings to be included in certain circumstances.
Who pays for remediation
Where a landlord or associated person meets certain wealth tests, they — not leaseholders — should pay to fix historical building safety defects, including dangerous cladding. The leaseholder deed of certificate and landlord certificate process forms part of this framework.
Not every building or defect falls within the protections:
- Second homes may be treated differently
- Commercial elements of mixed-use buildings
- Buildings below relevant thresholds
- Government funding schemes and developer pledges may also apply
What to watch for in your building
- Fire safety surveys and EWS1 forms
- Waking watch costs
- Intrusive cladding investigations
- Proposed remediation works and how they will be funded
Remember:
Safety requirements and cost recovery are linked but not identical questions. Understand both before agreeing to works or charges.
Building safety law continues to evolve — check guidance from the Building Safety Regulator and MHCLG for the latest position.