Now in force: The Building Safety (Leaseholder Protections etc)(England)(Amendment) Regulations 2023

The Building Safety (Leaseholder Protections etc)(England)(Amendment) Regulations 2023 are now in force. 

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, make amendments to these 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.

The 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.

Devonshires will be presenting a webinar in the near future on the landlord certificate regime. Further details will be published soon.

For more information, please do get in touch.