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Building Safety Act 2022 – Do I qualify for protection?

July 24, 2023

The Building Safety Act 2022 came into force in June 2022. The Act was introduced to protect ‘qualifying leaseholders’ from the costs related to the remediation of unsafe cladding.

Am I a qualifying leaseholder?

To be a ‘qualifying leaseholder’ you must satisfy the following requirements:

  1. You must own a long lease (more than 21 years in length);
  2. The building in which your property is situated must contain at least 2 dwellings and be 11 metres (or 5 storeys) in height;
  3. You must be liable to pay service charge; and
  4. As of 14 February 2022:

    a. The property must have been your main and only home; or
    b. You must not have owned more than 3 UK residential properties in total.

If you purchased your property after 14 February 2022, you will also be a ‘qualifying leaseholder’ if the above requirements were satisfied by your seller on 14 February 2022. This is because the protections offered under the Building Safety Act 2022 are automatically transferred to future buyers.

What if you do not qualify?  

If you own a leasehold property which does not satisfy the above requirements, you will not qualify from the protections offered by the Building Safety Act 2022. You should instead check whether your landlord / developer has signed the Building Safety Pledge. A list of those who have signed the Pledge can be found using the following link:

If you have any questions relating to the Building Safety Act 2022, please contact our conveyancing team on 0121 705 7571. Alternatively, please email

Parris Ball
Trainee Solicitor – Residential Conveyancing Department

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.