The Building Safety Act 2022 limits what can be passed to leaseholders for historical safety defects. The protections are strong, but they do not apply to everyone or everything, so it matters which side of the line you fall on.
Which buildings are covered
The protections apply to relevant buildings in England above 11 metres or with at least five storeys. They came into force on 28 June 2022.
Are you a qualifying leaseholder?
Broadly, a qualifying lease is a long lease of a single home, granted before 14 February 2022. On that date, the flat must have been your main home, or you must have owned no more than three UK homes. The rules contain more detail, and the government's Leaseholder Protections Checker is the best place to start.
What qualifying leaseholders do not pay
- Cladding system remediation: qualifying leaseholders are protected from all of these costs.
- If the landlord or developer was responsible: no service charge is payable for relevant defects if the landlord at the qualifying time was responsible for the defect, or is associated with someone who was.
- If the landlord group is wealthy enough: qualifying leaseholders pay nothing where the landlord group's net worth was more than £2 million per relevant building.
- Lower-value homes: no contribution is payable where the lease was valued below £325,000 in Greater London, or £175,000 elsewhere in England, on 14 February 2022.
What may still be payable
Where none of those exemptions apply, a capped contribution can be charged for non-cladding defects and interim measures, such as waking watches. For most leaseholders the cap is £10,000, or £15,000 in Greater London, with higher caps of £50,000 or £100,000 for leases valued above £1 million or £2 million. The charge must be spread over 10 years. Amounts paid since 28 June 2017 count towards the cap, and building owners must meet anything above it.
The leaseholder deed of certificate
Landlords need information about leases and their value to apply the protections. This is why leaseholders may be asked to complete a leaseholder deed of certificate. Do not ignore the request, and take advice if you do not understand what you are signing.
What about RMCs and RTM companies?
Many resident-run companies have no funds except service charges. Where they incur remediation costs, they may be able to recover those costs from their landlord by serving the correct notice. They may also be able to apply for a remediation contribution order. These are specialist areas, so take legal advice early.
The new Remediation Bill
The government introduced the Building Safety (Remediation of Unsafe Cladding etc) Bill to the Commons on 14 October 2026. At 1 November 2026 it is still going through Parliament, with committee stage next, so it is not yet law.
As introduced, it proposes a legal duty on responsible entities to assess and remediate life-critical external wall risks in buildings of 11 metres or more or at least five storeys. It also proposes a register for medium-rise buildings, stronger powers to identify building owners, and easier claims against makers of unsafe cladding products. Those proposals could change as the Bill progresses.
This guide is general information for England at 1 November 2026, not legal advice. Your lease and your building's circumstances may change how it applies to you, and the law may change after this date.