An Easy-to-Understand Guide for Sellers on the Building Safety Act 2022

This blog written by Phillippa White, trainee Licensed  Conveyancer with MJP Conveyancing offers a simple guide on navigating the Building Safety Act 2022 (the Act) for sellers. It explains how the Act works in practice and outlines the steps sellers must follow for a hassle-free transaction.

What is the Building Safety Act 2022?

 

The Act was established after the tragic Grenfell Tower fire in 2017, which claimed 72 lives. It aims to improve building design, construction, and oversight to enhance residents' safety. 

The Act also advocates that leaseholders should not have to pay for past safety issues.

 

If your building requires cladding repairs or removal, your landlord cannot charge you for these expenses. If they attempt to do so, they could face criminal charges.

 

Does the Act apply to my property?

 

If you own a flat that is at least 11 meters or 5 storeys high, with 2 or more residential units, the Act applies to your property. However, it does not apply if your flat is within a leaseholder-owned building.

 

Who benefits from the Act's protection?

 

Not everyone benefits from the Act's protection. You are only protected if you are a "Qualifying Leaseholder." To qualify, you must confirm that on February 14, 2022:

 

a) The property was your primary residence, and b) You owned no more than 3 properties in the UK.

 

If you bought the property after February 14, 2022, you could still qualify for protection if either of the above points applied when you made the purchase.

 

If you are a Qualifying Leaseholder, you must complete and submit a Leaseholder Deed of Certificate to your landlord.

 

What is the Leaseholder Deed of Certificate?

 

The Certificate's purpose is to verify whether you are protected by the Act. You can submit it to your landlord at any time, but they are not obligated to accept it formally.

 

If you are selling or refinancing your property and qualify as a Qualifying Leaseholder, you must complete the Certificate.

 

You may also need to submit a Certificate if the building has a relevant defect. Once the landlord requests this, you must respond within a specific timeframe.

 

The Landlord's Certificate

 

Like leaseholders, your landlord must provide you with a Certificate. This document confirms whether your landlord can charge you for work not covered by the Act through service charges.

 

Your landlord must give you a Certificate in the following situations:

 

• When they want to charge you remediation costs through service charges,
• Within 4 weeks of receiving notice that you are selling your property or within 4 weeks of a Landlord Certificate being requested,
• Within 4 weeks of your landlord becoming aware of a relevant defect not covered by a previous Landlord's Certificate.

What does the Landlord's Certificate cover?

 

The Certificate must be issued in the prescribed form and can pertain to any work your landlord plans to undertake. It should include details of relevant defects and any work done since June 28, 2017, to address these issues.

 

Your landlord must also include details of any costs paid or to be paid concerning the work.

 

Tips for Sellers

 

We recommend contacting your Freeholder as soon as possible if you believe you are entitled to protection under the Act. Get in touch with your Freeholder directly.

 

If you do not have direct contact information for your Freeholder, contact your Managing Agent to obtain it.

 

Be persistent with your landlord, as they must respond within 4 weeks of receiving your notice to sell or your Leaseholder Deed of Certificate.