Building Safety Act 2022 — what qualifying leaseholders are actually protected against

The Building Safety Act 2022 created a matrix of protections for leaseholders in buildings that are 11m or 5+ storeys. The centre of gravity is Schedule 8, which restricts what "relevant costs" for "relevant defects" can be passed through the service charge to qualifying leaseholders.

Qualifying lease — the gateway

A lease is "qualifying" if, on 14 February 2022:

• it was a long lease of a single dwelling in a "relevant building";
• the tenant used the dwelling as their only or principal home, or owned no more than two other dwellings in the UK.

Buyers after 14 February 2022 inherit qualifying status if the seller had it and provided a landlord's certificate.

Relevant building, relevant defect

• Relevant building: contains at least 2 dwellings and is at least 11 metres tall or has at least 5 storeys. Excludes leaseholder-owned buildings (broadly, where all leaseholders collectively own the freehold).
• Relevant defect: causes a building safety risk and arises from work done in the 30 years before commencement (or defects in construction/refurbishment).

The Schedule 8 protections

For qualifying leaseholders:

• Cladding removal costs: zero service charge liability. Full stop.
• Non-cladding relevant defects and interim measures: capped over 10 years — £15,000 in Greater London, £10,000 elsewhere; £50,000 (or £100,000 for flats worth over £2m in London) for leaseholders of "high-value" flats. Amounts already paid since June 2017 count against the cap.
• Landlord responsibility test: where the landlord (or an associated company) is/was the developer, or has net worth over a set threshold, they cannot pass on non-cladding costs at all.

Landlord and leaseholder certificates

Landlords must serve a landlord's certificate before recovering any relevant costs. Leaseholders can provide a leaseholder deed of certificate to prove qualifying status. Getting these right is critical — a defective landlord certificate blocks recovery outright.

Where the tribunal fits in

The FTT has jurisdiction to determine:

• whether a lease is qualifying;
• whether a defect is relevant;
• whether costs are within the caps;
• issues around the Building Safety Charge under Part 4 BSA.

Applications typically piggy-back on s.27A LTA 1985 service charge determinations.

Common issues

• Non-qualifying leases in shared-ownership blocks — protections apply to "the tenant's share" only.
• Enfranchised buildings where all leaseholders now own the freehold — outside relevant building definition.
• Interim measures (waking watch, temporary alarms) — treated as non-cladding safety costs, subject to cap.

Related

• [Council leaseholder service charge disputes](/guides/council-leaseholder-service-charge-disputes-complete-guide)
• [How to challenge service charges at the FTT](/guides/how-to-challenge-service-charges-at-the-first-tier-tribunal)
• [Reserve fund challenges at the tribunal](/guides/reserve-fund-and-sinking-fund-challenges-at-the-tribunal)