The Building Safety (Leaseholder Protections etc.) (England) (Amendment) Regulations 2023

The Building Safety (Leaseholder Protections etc.) (England) (Amendment) Regulations 2023 amend and clarify existing leaseholder protection regulations under the Building Safety Act 2022. The purpose of these amendments is to address issues raised by the Joint Committee on Statutory Instruments (JCSI) and to ensure that the leaseholder protection provisions operate as intended.

Key requirements for businesses under these Regulations include:

• Named Managers’ Protection: The regulations extend the same protection to named managers as resident management companies (RMCs) and right-to-manage companies (RTMs). Named managers are now allowed to apportion costs for remediating historical safety defects, similar to RMCs and RTMs.
• Definition Clarification: The amendments clarify various definitions, including ‘shared ownership lease’, ‘RMC’, and ‘current landlord’, to ensure consistent interpretation and application across the regulations.
• Liability Hierarchy: Developers associated with the landlord are identified as liable for historical safety defects and must be notified of their liability. This clarification ensures that costs are appropriately apportioned among contributing landlords.
• Appeals Process: The regulations outline the appeals process for landlords who wish to challenge the notice of liability. The appeal process is based on specific grounds and outcomes, providing transparency and fairness.
• Certificate Sharing: Landlords are required to provide updated landlord certificates within four weeks of becoming aware of a leaseholder deed of certificate. The sharing of certificates between current landlords, RMCs, RTMs, and named managers ensures accurate apportionment of costs.

These Regulations came into force on the 5th of August 2023 and apply to England.