The Building Safety (Leaseholder Protections etc.) (England) (Amendment) Regulations 2023

Made: 4th August 2023

Coming into force: 5th August 2023

In accordance with section 168(6) of that Act, a draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament.

Citation, commencement, extent and application

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• (1) These Regulations may be cited as the Building Safety (Leaseholder Protections etc.) (England) (Amendment) Regulations 2023 and come into force on the day after the day on which they are made.

• (2) These Regulations extend to England and Wales and apply in England only.

Amendment of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022

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The Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022[^f00002] are amended in accordance with regulations 3 to 8.

Amendment of regulation 1

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In regulation 1(3) (citation, commencement, extent, application and interpretation)—

• (a) after the definition of “the Act” insert—

• “current landlord” means a person who is the landlord under a lease of premises in a relevant building[^f00003];
• “named manager” means, in relation to a building, a person who is named in a lease as being the party with managing and repairing obligations in relation to the building or part of the building and who is a separate legal person from the freeholder of the building and any landlord of the building or part of the building;

• (b) after the definition of “RTM company” insert—

• “shared ownership lease” means a lease— granted on payment of a premium calculated by reference to a percentage of the value of the demised premises or the cost of providing them, or under which the tenant (or the tenant’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of those premises.

Amendment of regulation 2

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• (1) In regulation 2 (remediation orders) after paragraph (1) insert—

(1A) For the purposes of section 123(5) of the Act (remediation orders) the Homes and Communities Agency (established by section 1 of the Housing and Regeneration Act 2008[^f00004]) is prescribed as an interested person.

• (2) After regulation 2 (remediation orders) insert—

(2A) For the purposes of section 124(5) of the Act (remediation contribution orders) the following persons are prescribed as an interested person— (a) the Homes and Communities Agency; (b) the named manager in relation to the relevant building; (c) the RMC in relation to the relevant building; and (d) the RTM company in relation to the relevant building.

Amendment of regulation 3 and transitional provision

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• (1) Regulation 3 (recovery of amounts from other landlords under paragraph 2 of Schedule 8) is amended as follows.

• (2) But the amendments made by paragraphs (3), (5), (6), (7) and (8) do not apply in respect of a notice given before this regulation comes into force by a landlord under regulation 3(3) of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022.

• (3) For paragraphs (2) and (3) substitute—

(2) Where this regulation applies the responsible landlord is liable to pay L the remediation amount, and where, in relation to a particular relevant defect, two or more persons are responsible landlords, each person is jointly and severally liable for the remediation amount. (3) To recover the remediation amount from the responsible landlord or responsible landlords liable under paragraph (2) L must give to at least one responsible landlord a notice which contains the information set out in paragraph (3B). (3A) Only a responsible landlord to whom L has given a notice under paragraph (3) can be required to pay the remediation amount. (3B) The information which the notice given under paragraph (3) must contain is— (a) the remediation amount that L has paid or the remediation amount that L expects to pay; (b) the time limit for appealing under paragraph (5) to the First-tier Tribunal and for applying under paragraph (5A) for an extension of that time limit; (c) the possible grounds of appeal.

• (4) In paragraph (4) after “5” insert “but nothing in this regulation prevents L from seeking to recover amounts under regulation 4 or 5”.

• (5) In paragraph (5) omit “that notice”.

• (6) After paragraph (5) insert—

(5A) A person who has received a notice under paragraph (3) may apply to the First-tier Tribunal to extend the time limit for lodging an appeal under paragraph (5). (5B) An application under paragraph (5A) must be made within 30 days of the notification under paragraph (3). (5C) In response to an application under paragraph (5A) the First-tier Tribunal may grant an extension of the time limit for lodging an appeal by no more than 30 days.

• (7) After paragraph (6) insert—

(6A) Where an appeal made on the grounds specified in paragraph (6)(a)— (a) is unsuccessful, subject to the outcome of an appeal on another ground under this regulation the person who was notified by L is required to pay the remediation amount set out in the notice unless that person’s liability has been discharged by payment of the remediation amount by another recipient of the notice; (b) is successful, subject to the outcome of an appeal on another ground under this regulation the First-tier Tribunal must substitute the remediation amount it rules is the correct one for the remediation amount in the notice. (6B) Where an appeal made on the grounds specified in paragraph (6)(b)— (a) is unsuccessful, subject to the outcome of an appeal on another ground under this regulation the person who was notified by L is required to pay the remediation amount set out in the notice unless that person’s liability has been discharged by payment of the remediation amount by another recipient of the notice; (b) is successful, the person who was notified by L is not required to pay the remediation amount set out in the notice.

• (8) In paragraph (7) after “company” insert “or a named manager”.

• (9) After paragraph (8) insert—

(9) Where two or more landlords are liable for remediation costs under the Act, L must give a notice under paragraph (3) to at least one landlord which fulfils the “responsible for” criteria set out in paragraph 2(3) of Schedule 8 to the Act. (10) An amount payable to L under this regulation is recoverable by L as a civil debt.

Amendment of regulation 4 and transitional provision

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• (1) Regulation 4 (recovery of amounts from other landlords: cases under paragraph 3 of Schedule 8) is amended as follows.

• (2) But the amendments made by paragraphs (3), (5), (6), (7) and (8) do not apply in respect of a notice given before the date this regulation comes into force by a landlord under regulation 4(2) of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022.

• (3) For paragraph (2) substitute—

(2) Where this regulation applies the contributing landlord is liable to pay L the remediation amount. (2A) To recover the remediation amount from the contributing landlord who is liable under paragraph (2) L must give the contributing landlord a notice which sets out the information listed in paragraph (2B). (2B) The information which the notice given under paragraph (2A) must contain is— (a) the remediation amount that L has paid or the remediation amount which L expects to pay; (b) the time limit for appealing under paragraph (4) to the First-tier Tribunal and for applying for an extension of that time limit under paragraph (4A); (c) the possible grounds of appeal.

• (4) In paragraph (3) after “5” insert “but nothing in this regulation prevents L from seeking to recover amounts under regulation 3 or 5”.

• (5) In paragraph (4) omit “that notice”.

• (6) After paragraph (4) insert—

(4A) A person who has received a notice under paragraph (2A) may apply to the First-tier Tribunal to extend the time limit for lodging an appeal under paragraph (4). (4B) An application under paragraph (4A) must be made within 30 days of the notification under paragraph (2A). (4C) In response to an application under paragraph (4A) the First-tier Tribunal may grant an extension of the time limit for lodging an appeal by no more than 30 days.

• (7) After paragraph (5) insert—

(5A) Where an appeal made on the grounds specified in paragraph (5)(a)— (a) is unsuccessful, subject to the outcome of an appeal on another ground under this regulation the person who was notified by L is required to pay the remediation amount set out in the notice; (b) is successful, subject to the outcome of an appeal on another ground under this regulation the person who was notified by L is required to pay the remediation amount determined by the First-tier Tribunal. (5B) Where an appeal made on the grounds specified in paragraph (5)(b)— (a) is unsuccessful, subject to the outcome of an appeal on another ground under this regulation the person who was notified by L is required to pay the remediation amount set out in the notice; (b) is successful, subject to the outcome of an appeal on another ground under this regulation the person who was notified by L is not required to pay the remediation amount set out in the notice.

• (8) In paragraph (6) after “company” insert “or a named manager”.

• (9) For paragraph (7) substitute—

(7) In this regulation “the contributing landlord” means the person who– (a) is the landlord under the qualifying lease referred to in paragraph (1) provided that they met the contribution condition in paragraph 3 of Schedule 8 to the Act on 14th February 2022; or (b) after 14th February 2022 became the owner of that landlord’s interest.

• (10) After paragraph (7) insert—

(8) An amount payable to L under this regulation is recoverable by L as a civil debt.

Amendment of regulation 5 and transitional provision

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• (1) Regulation 5 (recovery of amounts from other landlords: other cases under Schedule 8) is amended as follows.

• (2) But the amendments made by paragraphs (4), (5), (6), (7) and (8) do not apply in respect of a notice given before the date on which this regulation comes into force by a landlord under regulation 5(7) of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022.

• (3) In paragraph (3) after “4” insert “but nothing in this regulation prevents L from seeking to recover amounts under Regulation 3 or 4”.

• (4) For paragraph (7) substitute—

(7) To recover from each landlord their share of the remediation amount for which each is liable under paragraph (2) L must give to each landlord a notice which contains the information set out in paragraph (7A). (7A) The information which the notice given under paragraph (7) must contain is— (a) the remediation amount that L has paid or the remediation amount which L expects to pay; (b) the amount which the recipient of the notice is required to pay to L (“the specified amount”); (c) how the specified amount was calculated; (d) the time limit for appealing under paragraph (8) to the First-tier Tribunal and for applying for an extension of that time limit under paragraph (8A); (e) the possible grounds of appeal.

• (5) In paragraph (8) omit “that notice”.

• (6) After paragraph (8) insert—

(8A) A person who has received a notice under paragraph (7) may apply to the First-tier Tribunal to extend the time limit for lodging an appeal under paragraph (8). (8B) An application under paragraph (8A) must be made within 30 days of the notification under paragraph (7). (8C) In response to an application under paragraph (8A) the First-tier Tribunal may grant an extension of the time limit for lodging an appeal by no more than 30 days.

• (7) After paragraph (9) insert—

(9A) Where an appeal made on the grounds specified in paragraph (9)(a)— (a) is unsuccessful, subject to the outcome of an appeal on another ground under this regulation, the person who was notified by L is required to pay the specified amount set out in the notice; (b) is successful, subject to the outcome of an appeal on another ground under this regulation, the First-tier Tribunal must substitute the remediation amount it rules is the correct one for the specified amount set out in the notice. (9B) Where an appeal made on the grounds specified in paragraph (9)(b)— (a) is unsuccessful, subject to the outcome of an appeal on another ground under this regulation, the person who was notified by L is required to pay the specified amount set out in the notice; (b) is successful, the person who was notified by L is not required to pay the specified amount set out in the notice. (9C) Where an appeal made on the grounds specified in paragraph (9)(c)— (a) is unsuccessful, subject to the outcome of an appeal on another ground under this regulation, the person who was notified by L is required to pay the specified amount set out in the notice; (b) is successful, subject to the outcome of an appeal on another ground under this regulation, the person who was notified by L is required to pay the share of the remediation amount determined by the First-tier Tribunal, calculated in accordance with paragraphs (4) to (6).

• (8) In paragraph (10) after “company” insert “or a named manager”.

• (9) After paragraph (11) insert—

(12) An amount payable to L under this regulation is recoverable by L as a civil debt.

Amendment of regulation 6

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• (1) Regulation 6 (leaseholder deed of certificate: landlord’s steps and requirements for leaseholders) is amended as follows.

• (2) Omit paragraph (1).

• (3) In paragraph (4)(c) after “certificate” insert “and the evidence referred to in paragraph (7)”.

• (4) After paragraph (10) insert—

(10A) Within one week of receiving a leaseholder deed of certificate the current landlord must provide a copy of the certificate to any RMC, RTM company or named manager in relation to the building to which the certificate relates. (10B) Where a current landlord fails to comply with the requirement in paragraph (10A) the costs of a relevant measure relating to a relevant defect in the building to which the leaseholder deed of certificate relates are prescribed costs under paragraph 16(4) of Schedule 8 to the Act and so are not to be regarded as relevant costs to be taken into account in determining the amount of a service charge payable under a relevant lease of premises in that building and must not be met from a relevant reserve fund as defined in paragraph 10 of Schedule 8 to the Act.

Amendment of the Building Safety (Leaseholder Protections) (England) Regulations 2022

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The Building Safety (Leaseholder Protections) (England) Regulations 2022[^f00005] are amended in accordance with regulations 10 to 13.

Amendment of regulation 1

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In regulation 1(3) (citation, commencement, extent, application and interpretation)—

• (a) for the definition of “current landlord” substitute—

• “current landlord” means a person who is the landlord under a lease of premises in a relevant building[^f00006];

• (b) after the definition of “current landlord” insert—

• “landlord group” has the meaning given in paragraph 3(4) of Schedule 8 to the Act;

• (c) after the definition of “leaseholder” insert—

• “named manager” means, in relation to a building, a person who is named in a lease as being the party with managing and repairing obligations in relation to the building or part of the building and who is a separate legal person from the freeholder of the building and the landlord of the building or part of the building;

• (d) for the definition of “RMC” substitute—

• “RMC” means a body corporate which is party to a lease of a building where— the body corporate is limited by guarantee and the members of that body are tenants under leases of dwellings in the building (“leaseholders”), or the majority of the shares of the body corporate are held by leaseholders; and

Amendment of regulation 6

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• (1) Regulation 6 (landlord’s certificate) is amended as follows.

• (2) In paragraph (1) after sub-paragraph (d) insert—

(e) within four weeks of becoming aware of a new leaseholder deed of certificate (as defined in regulation 6 of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022) which is in relation to a lease of a dwelling in the building of which the current landlord is the landlord and which contained information that was not included in a previous landlord’s certificate.

• (3) After paragraph (2) insert—