Building Safety Act 2022: What Homebuyers & Sellers Need to Know
If you’re buying or selling a flat in England, recent changes in property law could affect your transaction. The Building Safety Act 2022 came into force in October 2023, introducing new rules to improve building safety and protect leaseholders.
Here’s what it means for you and how we can help ensure your move isn’t delayed.
Why the Building Safety Act Was Introduced
The Act was created in response to the Grenfell Tower tragedy in 2017, where unsafe cladding contributed to a devastating fire.
It sets stricter safety standards and responsibilities for certain buildings, aiming to prevent similar incidents in the future.
Which Buildings Are Affected?
Under the Act, a “relevant building” is:
-Over 11 metres high, or
-At least 5 storeys tall
Some buildings may be classed as “high-risk” if they are 18 metres or 7 storeys or taller but this depends on ownership structure.
For example, if the freeholder and landlord are the same, different rules can apply. If a landlord is also the tenant owner, the building might not be classed as relevant, and leaseholder protections may not apply.
What Protections Do Leaseholders Have?
The Act places obligations on landlords to pay for certain defect-related works, rather than passing the cost to leaseholders.
This includes repairs for relevant safety issues, which are clearly defined within the Act.
Why Your Lease Matters
Your lease must meet specific conditions for these protections to apply:
-It must be longer than 21 years at the time of purchase
-It must be for a single dwelling
The building must meet the relevant criteria above.
How This Affects Your Property Transaction
If your property is covered by the Act, the process can involve extra steps, such as:
-Obtaining the leaseholder deed of certificate
-Obtaining the landlord’s certificate
-Confirming compliance with all formalities
Delays can occur if these documents aren’t provided promptly but our team is experienced in navigating these requirements efficiently.
Why Work With Us
At Trueman Bailey, we’ve successfully guided clients through the complexities of the Building Safety Act.
We know the procedures, timeframes, and potential pitfalls and we make sure you know what costs and timescales to expect from the outset.
Get Expert Help
If you’re buying or selling a leasehold property in London, Brighton, Oxford, or beyond, contact us today for advice tailored to your situation.
📧 Email: ltrueman@truemanbailey.com
We’ll ensure your transaction runs smoothly and compliantly.