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Building Safety Act 2022. Deed of Certificate

September 20, 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 cladding which has been deemed unsafe. You can find further information as to  whether you qualify for protection by visiting our previous article: Building Safety Act 2022 – do I qualify for protection?

If you do qualify for protection, you will need to complete a ‘deed of certificate’ to evidence this. The landlord is also required to provide a deed of certificate in various circumstances. These certificates are known as the leaseholder’s deed of certificate and the landlord’s deed of certificate.

The Leaseholder’s Deed of Certificate

If you are a ‘qualifying leaseholder’, you will be eligible to complete and serve on your landlord a deed of certificate at any time. This certificate demonstrates that you qualify for the protections set out in the Building Safety Act 2022.

Your landlord can also require you to complete the certificate. To do this, they must notify you. Your landlord will usually notify you if you are selling your property or if there is a relevant defect in the building. A failure to complete the certificate following notification from your landlord will mean that you will not benefit from the protections of the Building Safety Act 2022.

Please note that if you have been notified by your landlord, there is a time limit of 8 weeks to provide them with the completed certificate.

The Landlord’s Deed of Certificate

A landlord is required to provide a deed of certificate in the following circumstances:

  1. When a landlord wants to pass on part of the remediation costs onto the leaseholder through the service charge;

  2. Within 4 weeks of notification of sale of the leaseholder’s property;

  3. Within 4 weeks of becoming aware of a defect which was not covered by a previous certificate;

  4. Within 4 weeks of the leaseholder requesting a landlord’s deed of certificate.

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

Parris Ball
Trainee Solicitor – Residential Property 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.