Building Safety Act 2022: implied lease terms and recovery of costs relating to building safety

by Practical Law Property

A practice note that examines the property law implications of Part 5 of the Building Safety Act 2022 (BSA 2022) in England. This practice note provides guidance on the building safety provisions implied into certain leases through amendments to the Landlord and Tenant Act 1985 (LTA 1985), establishing new obligations for both landlords and tenants. It distinguishes between liability for ongoing building safety measures and the costs of remediation works. The note details the significant restrictions and caps on recovering remediation costs through service charges under Schedule 8 of the BSA 2022, particularly for those with a "qualifying lease". Key concepts such as "relevant building", "relevant defect", and the "qualifying time" are explained, along with the rules concerning unsafe cladding. Furthermore, this practice note explores the enforcement framework, including the use of remediation orders and remediation contribution orders (RCOs) that can be sought from the First-tier Tribunal.