Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, whether he is taking steps to support remediation in cases where leaseholders fall outside the scope of the Building Safety Act 2022.

Government is not currently considering expanding the leaseholder protections further but is committed to reviewing how to better protect leaseholders from costs. There is a range of support in place for those leaseholders whose lease does not qualify for protection under Part 5 of the Building Safety Act 2022.

All leaseholders in buildings above 11 metres or five storeys are protected from paying towards the remediation of all fire related and structural defects where the developer has signed the developer remediation contract or where the freeholder is, or was associated with, the developer. More information on the developer remediation contract can be found on gov.uk here.

Where a responsible developer cannot be identified, traced, or held responsible, funding is available for fire safety related cladding remediation on buildings over 11 metres through the Cladding Safety Scheme. Guidance on the Cladding Safety Scheme can be found on gov.uk here.

The leaseholder protections do not apply to collectively owned buildings because there is no ‘separate’ freeholder to bear the costs, which would be borne by the leaseholders themselves – so the protections would not have their intended effect.

Leaseholders and freeholders of residential buildings of all heights can use rights to redress introduced by the Building Safety Act. The Act extended the limitation period for Defective Premises Act claims to 30 years, providing more time to seek redress for poor workmanship. It also introduced new rights to bring civil claims where defective products have made a home unfit for habitation.