Last edited 22 May 2024

The Building Safety (Leaseholder Protections) (England) Regulations 2022

2022 No. 711 BUILDING AND BUILDINGS, ENGLAND LANDLORD AND TENANT, ENGLAND The Building Safety (Leaseholder Protections) (England) Regulations 2022

This instrument uses powers in the Building Safety Act 2022 to make provision for and in connection with the determination of the net worth of the landlord group and the landlord’s connection to the developer in relation to relevant works, to determine their liability for the remediation of historical safety defects. It also makes provision requiring landlords to give prescribed information on this to the leaseholder. 2.2

The instrument makes provision for the determination of the value of a qualifying lease, based on the information provided by the leaseholder in their deed of certificate and the uprating multipliers in the Schedule. It provides for applications to the First-tier Tribunal for a remediation contribution order and to the High Court for an information order in connection with a building liability order. It also makes provision for the application of service charge restrictions to non-residential leases. Finally, it provides definitions for leaseholder owned buildings, associated persons and prescribed persons, and allows for a review of the Regulations within 5 years of the Regulations coming into force and therefore periodically.

Nonlegal alternative

This instrument, deriving authority from the Building Safety Act 2022, outlines the procedures for determining the net worth of landlord groups and their connections to developers regarding liability for rectifying historical safety defects. It mandates landlords to provide specific information to leaseholders about this. The instrument also details the process for assessing the value of qualifying leases based on leaseholder certificates and prescribed multipliers, and describes how applications for remediation contribution orders and information orders can be made to the First-tier Tribunal and the High Court respectively. Additionally, it imposes service charge restrictions on non-residential leases, defines key terms related to leaseholder-owned buildings and associated persons, and stipulates a review of the regulations within five years of their implementation, ensuring periodic reassessment.

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