Do I have to pay for cladding or fire safety works? Building Safety Act protections

England and Wales · Law checked 24 October 2026 · Not legal advice

The Building Safety Act 2022 (Schedule 8) limits what qualifying leaseholders in England can be charged through the service charge for fixing historical building safety defects. Those are defects from work done in the 30 years before 28 June 2022 that create a risk of fire spreading or structural collapse.

Is your lease a "qualifying lease"?

Broadly, all of these must apply:

• A long lease (more than 21 years) of a single flat on which you pay a service charge.
• The building is in England and is at least 11 metres high or has at least five storeys.
• The lease was granted before 14 February 2022.
• On 14 February 2022 the flat was the leaseholder's only or main home, or they owned no more than three UK homes in total.

Protection passes to later buyers, and continues if the lease is extended or replaced. Your landlord may ask you for a leaseholder deed of certificate to confirm whether you qualify; reply promptly and get advice if unsure.

What you can be charged

• Cladding remediation: nothing, for qualifying leases.
• Other historical defects and interim measures (such as waking watch): £0 if your flat was worth under £325,000 in Greater London or £175,000 elsewhere, or if the landlord group met the "contribution condition" (net worth over £2 million per relevant building). Otherwise there is a cap of £10,000 (£15,000 in Greater London), rising to £50,000 for flats worth £1 million to £2 million and £100,000 above £2 million. Costs are spread over 10 years at no more than a tenth of the cap a year, and amounts paid since 28 June 2017 count towards it.
• Legal and professional fees about who is liable for a defect can't be charged under a qualifying lease (with a narrow exception for resident management and RTM companies seeking remediation contribution orders).

What is still normal service charge

Routine fire safety costs, such as alarm servicing, fire risk assessments and ordinary maintenance, are not "historical defects" and stay chargeable, subject to reasonableness and consultation. Insurance premium rises linked to defects are a separate issue (see insurance).

Wales

The Building Safety Act leaseholder protections don't apply in Wales. In Wales, historic fire safety defects in buildings of at least 11 metres are generally meant to be fixed by developers under the Welsh Government's developer remediation contract or through the Welsh Building Safety Fund. The Building Safety (Wales) Act 2026 was passed in April 2026, but its leaseholder protections are not yet in force. LEASE has a Wales-specific guide.

Questions