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

Jurisdiction: England

Commencement: 9th February 2023

Amends: Building Safety Act 2022 (c. 30)

Mini Summary

The Building Safety Act 2022 predominantly applies to England and Wales. It introduces changes to building regulation in England for higher-risk buildings (i.e. buildings of at least 18m in height or with at least 7 storeys, which have 2 or more residential units). In Scotland and Northern Ireland its application is largely limited to liability for damages in relation to construction and cladding products. The Act also establishes the building safety regulator as part of the Health and Safety Executive (HSE).


Various duties apply.



Changes are made to Regulation 3(2) of a previous amendment (The Building Safety (Leaseholder Protections) (England) Regulations 2022). The changes aim to prevent organisations from avoiding their obligations regarding costs associated with historical safety remediation.

Under Paragraph 3 of Schedule 8 of the Building Safety Act 2022, landlords must not pass on any costs for historical safety remediation to leaseholders if the relevant landlord* is in a landlord group** that exceeds a net worth of £2 million.

*Relevant landlord means the landlord at the qualifying time.

**The landlord group means the relevant landlord and any person associated with the relevant landlord. The definition of landlord group now included body corporates where one is in control of the other, and where a body corporate is entitled to or possesses at least half of the issued share capital of the company.

These Regulations come into force on 9th February 2023 and apply to England only.

This amendment has no direct relevance to occupational health and safety matters. 

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