The new Building Safety (Leaseholder Protections etc.) (England) (Amendment) Regulations 2023 (‘the new Regulations’) are now in final form

The new Building Safety (Leaseholder Protections etc.) (England) (Amendment) Regulations 2023 (‘the new Regulations’) are now in final form with the date for them to come into force yet to be announced. They have however been through the parliamentary process with no further amendments being made so we expect to hear shortly.

There are now four sets of Regulations which support the leaseholder protection provisions in sections 116 to 125 of, and Schedule 8 to, the Building Safety Act 2022: The Building Safety (Leaseholder Protections) (England) Regulations 2022 (‘1^st Regulations’), The Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022 (‘2^nd Regulations’), The Building Safety (Leaseholder Protections)(England)(Amendment) Regulations 2023 and the new Regulations.

The 1^st and 2^nd Regulations have been in force since July 2022 and the new Regulations, in their final form, will make amendments to these previous regulations.

The new Regulations aim to address some of the concerns raised in respect of the 1^st and 2^nd Regulations with the aim of tidying up discrepancies and filling in the gaps.

These new Regulations include;

• introduction of a new circumstance in which a Landlord Certificate must be provided;
• a new prescribed form of Landlord Certificate;
• limitations on the documentation that has to be provided with the Landlord Certificate in certain circumstances;
• further detail on the notice procedure for recovery of remediation sums from other parties;
• confirmation that where Landlord accepts they met the contribution condition and were responsible for a relevant defect (directly or indirectly), Landlord does not have to provide information about group structure or accounts, and
• a new requirement about sharing of certificates between Landlords and RMC/RTMs/Named Managers-within one week of receipt.

For further information, please do get in touch.