Building Safety Act 2022 Forms & Protections UK
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If you own a leasehold flat in a building with historical cladding or fire safety defects, the Building Safety Act 2022 may be one of the most important pieces of legislation you ever read about. It was brought in after years of campaigning by leaseholders who found themselves facing enormous bills for defects they did not cause and could not have known about.
The Act introduces a framework of protections, tribunal remedies, and accountability measures aimed at ensuring the right parties pay for putting unsafe buildings right. This page walks through how the cost protections operate, who counts as a qualifying leaseholder, how remediation orders and remediation contribution orders can be used, and where to find the official application routes. It is written for leaseholders, freeholders, managing agents, and anyone trying to understand where the legal risk sits.
What this document is
The Building Safety Act 2022 is a significant piece of post-Grenfell legislation that reshapes how responsibility for historical fire safety defects is allocated in England. Rather than leaving leaseholders exposed to the full cost of remediating dangerous cladding and other relevant defects, the Act places financial responsibility on developers, freeholders, and associated parties where possible.
It also creates new legal tools that qualifying leaseholders and other interested parties can use to compel remedial works or recover costs already incurred. The Act applies to relevant buildings, broadly meaning those that contain at least two dwellings and are at least 11 metres or five storeys high, and it focuses on defects that arose during the 30 year period before the Act came into force.
The protections do not cover every building or every leaseholder, so eligibility needs to be checked carefully against the statutory definitions. Separate rules and legislation apply in Scotland, Wales, and Northern Ireland.
How to use this document
- Work out if your building and lease qualify. The protections in the Act generally apply to residential buildings of at least 11 metres or five storeys that contain two or more dwellings. You will also need to check whether your lease is a qualifying lease, which usually means it was granted before 14 February 2022, had an unexpired term of more than 21 years on that date, and related to your only or principal home, or to no more than three UK properties in total.
- Identify the relevant defects. A relevant defect is one that creates a building safety risk and arose from works carried out in a defined historical period. This covers unsafe cladding systems as well as certain non-cladding defects, such as issues with compartmentation or fire stopping. Get any fire risk appraisal or external wall survey together, because the evidence you have will shape what you can realistically ask a tribunal to order.
- Check who is responsible. Liability can sit with the original developer, the current freeholder, or companies associated with them under the Act's anti-avoidance provisions. Understanding which party is on the hook matters, because remediation orders and remediation contribution orders are aimed at different respondents and rely on different legal tests.
- Decide which order fits your situation. A remediation order requires a landlord to fix specified relevant defects within a defined timeframe. A remediation contribution order requires a specified body to pay towards the cost of remediation works, and can reach associated companies. In many cases, leaseholders, resident management companies, or enforcement authorities bring these applications together or in sequence.
- Apply to the First-tier Tribunal (Property Chamber). Applications are made to the tribunal using its published procedure. You will need to set out the building, the defects, the respondents, the legal basis of the application, and the remedy you want. Fees, directions, and hearings follow the tribunal's own rules, so it is sensible to prepare your evidence bundle carefully before issuing.
Common questions
Q Who counts as a qualifying leaseholder?
A qualifying leaseholder is, in broad terms, someone who held a long residential lease on a flat in a relevant building on 14 February 2022, where the flat was their main home or where they owned no more than three UK dwellings in total. The precise tests sit in the Act and associated regulations, so it is worth checking the detail against your lease and your wider property holdings before relying on the protections.
Q What is a relevant defect under the Act?
A relevant defect is a defect in a relevant building that causes a building safety risk, meaning a risk to the safety of people in or about the building from the spread of fire or structural failure. It must have arisen from works carried out in a defined historical window before the Act commenced. This covers unsafe cladding systems and can also include non-cladding issues such as missing fire breaks.
Q What is the difference between a remediation order and a remediation contribution order?
A remediation order compels a relevant landlord to carry out specified remedial works to fix relevant defects. A remediation contribution order, by contrast, requires a specified person, including in some cases an associated company, to pay a sum towards remediation costs. One is about getting work done; the other is about who pays. The same defects can sometimes give rise to both types of application.
Q Can freeholders pass cladding costs on through the service charge?
For qualifying leaseholders in relevant buildings, the Act sharply restricts the ability to recover cladding remediation costs through the service charge, and also limits recovery for certain non-cladding costs depending on who the landlord is and the value of the lease. If a demand looks like it is trying to pass protected costs on, it should be challenged and legal input taken before paying.
Q Does the Act apply to buildings under 11 metres?
The statutory cost protections are generally aimed at buildings of at least 11 metres or five storeys. Shorter buildings sit outside the main leaseholder protections, although other remedies may still be available, for example under the lease itself, under general fire safety legislation, or through negotiation with the developer. Each situation needs to be looked at on its own facts.
Q How long do I have to apply for a remediation order?
The Act and associated limitation changes extended the periods within which certain building safety claims can be brought, including longer retrospective windows for defective premises claims. Time limits vary depending on the type of application and when the defect arose, so it is important to check the position early rather than assume you have plenty of time.
Q Where do I apply for a remediation order?
Applications are made to the First-tier Tribunal (Property Chamber), which handles residential property disputes in England. The tribunal publishes its own application forms, guidance, and fee information. You will need to name the respondent landlord, describe the building and the defects, and set out the order you are asking the tribunal to make.
Sources
This guide is based on primary UK law and official guidance.
- LegislationBuilding Safety Act 2022legislation.gov.uk
- Guidance · UK GovLeaseholder protections under the Building Safety Act (gov.uk)gov.uk
- Guidance · HMCTSFirst-tier Tribunal (Property Chamber) forms and guidancegov.uk
- Guidance · UK GovApply to the First-tier Tribunal (Property Chamber)gov.uk
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.