Building Safety Remediation for Leaseholders
The Building Safety Act 2022, introduced after the Grenfell Tower fire, gives qualifying leaseholders in buildings above 11 metres (or five storeys) protection from most historical safety remediation costs, including cladding. The Act also created a stricter regime for 'higher-risk buildings' — those at least 18 metres tall or with at least 7 storeys and two or more residential units. This guide covers leaseholder protections in England & Wales.
Overview
Following the Grenfell Tower fire, the Building Safety Act 2022 introduced a regime for identifying and remediating unsafe buildings and for protecting the leaseholders living in them. Financial protections for leaseholders apply to buildings above 11 metres or five storeys with historical safety defects, shielding qualifying leaseholders from most or all of the cost of fixing dangerous cladding and other historical safety failures; building owners, freeholders and developers are expected to meet these costs instead, including through developer remediation contracts signed with government. Separately, the Act created a stricter regulatory regime for 'higher-risk buildings' — defined as buildings in England that are at least 18 metres in height or have at least 7 storeys, and contain at least two residential units. These buildings are overseen by the Building Safety Regulator (BSR), an executive non-departmental public body that regulates higher-risk buildings and works to raise safety standards across England and Wales. Whether a specific leaseholder is protected, and to what extent, depends on detailed qualifying conditions set out in Schedule 8 to the Act — check your building's status and your lease date before assuming full protection.
Who Can Use This Process
- You are likely eligible to use this guide if your situation involves building safety remediation for leaseholders.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
Step-by-Step Process
Identify the defects and your building's status
Check if your building has been identified as having fire safety defects (unsafe cladding, missing fire breaks, inadequate compartmentation). Your building owner/manager should have commissioned a fire risk assessment. Check the Government's building safety data for your postcode.
- Request a copy of the EWS1 form and fire risk assessment from your building manager
- Buildings over 18m may qualify for the Building Safety Fund
Check your leaseholder protections
Under the Building Safety Act 2022, qualifying leaseholders (those who owned their flat on 14 February 2022 and meet certain conditions) are protected from remediation costs. Non-qualifying leaseholders may face capped contributions. Check whether your freeholder has signed the Developer Remediation Contract.
- You qualify if your flat was your only or main home, or worth under £1m (£325k outside London)
- The building owner/developer should bear costs, not leaseholders
Report issues and seek support
If your building owner is not taking action, report the matter to the Building Safety Regulator, a standalone executive non-departmental public body sponsored by the Ministry of Housing, Communities and Local Government. Leaseholders can also seek support from LEASE (the leasehold advisory service) and the Government's cladding support helpline.
- The Building Safety Regulator can take enforcement action
- Free legal advice is available through LEASE
Costs
Important Warnings
Do not ignore waking watch or interim fire safety costs — you may be able to recover these.
Building insurance premiums may be affected — challenge unreasonable increases.
Selling a flat in an affected building may be difficult without an EWS1 form.
Useful Links
Frequently asked questions
- How long does the building safety remediation for leaseholders process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Ongoing"; "Check current status"; "As needed". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Leaseholder remediation contribution (qualifying) — £0 (protected); Non-qualifying leaseholder cap — £10,000 (London) / £15,000 (outside London) maximum. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: Do not ignore waking watch or interim fire safety costs — you may be able to recover these.; Building insurance premiums may be affected — challenge unreasonable increases.; Selling a flat in an affected building may be difficult without an EWS1 form.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: GOV.UK — Building Safety; LEASE — Leasehold Advisory Service. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.