The Building Safety Act 2022: Is your building affected?
The Building Safety Act 2022 was introduced following the Grenfell tragedy to improve safety standards in residential buildings. The legislation is complex, but understanding whether your building is affected in an important part of buying or owning a flat.
What is a 'Relevant Building'?
A building is classed as being a relevant building under the Act if it meets all the following:
Height: It is at least 11 metres tall or has five storeys (whichever comes first)
Residential use: Contains at least two residential flats or apartments
Ownership: The freehold is not entirely owned by the leaseholders.
If the leaseholders collectively own the freehold, the building is not a "relevant building" for these purposes.
Higher risk residential buildings
Buildings that are 18 metres or taller or have seven or more storeys, are classed as higher risk. These buildings are subject to additional safety measures, including:
An Accountable Person responsible for ensuring the building is safe to live in
Registration with the Building Safety Regulator
A safety case report must be submitted to the regulator.
Things to watch out for
Even if your building is not currently classed a relevant or higher risk, future development such as developing the airspace above it or increasing its height could potentially change its classification. This could affect the value, saleability or remortgaging ability of your property in the future.
The Act also limits protections for leaseholders against certain remediation costs related to safety defects dating from 28 June 1992 to 27 June 2022.
What this means for you
Since solicitors do not inspect or measure the building, it’s important to rely on your surveyor to confirm height and safety issues. Legal advice can help you understand how the Act applies to your specific property.
Next steps
If your property may be affected, taking advice early can help you avoid delays or surprises. We can review the position and guide you on the practical implications for your purchase or sale.