Conveyancing Association updates Building Safety Act and Building Safety (Leaseholder Protections) Guidance

The Conveyancing Association (CA) – the leading trade body for the conveyancing industry – has today (21 December 2023) updated its guidance document for conveyancing firms which addresses The Building Safety Act and Building Safety (Leaseholder Protection) (England) Regulations 2022.

Leaseholder protections outline the need for a Leaseholder Deed of Certificate and Landlord Certificate and apply to buildings at least 11 metres/five storeys, while the regulatory framework applies to buildings over 18 metres with a special role for the Buildings Safety Regulator.

The Guidance was created to provide conveyancing firms with details on what the Act and Building Safety Regulations currently contain and what they should consider.

This new iteration of the Guidance includes updates to the frequently asked questions and answers section, as well as a list of questions all conveyancing firms should consider when working on cases with relevant buildings.

These cover a number of areas for conveyancers to be aware of including: what is a relevant building; how to determine height; how to determine the number of storeys; what are the relevant defects covered; who is a qualifying leaseholder; the exception of leaseholder-owned buildings; the Leaseholder Deed of Certificate; the evidence required; leaseholder protection; who else might be responsible; the developer, landlord, superior landlord, or the leaseholders; and the landlord certificate.

The CA has made an ongoing commitment to update the guidance as and when it becomes aware of further changes.

Conveyancing firms can download a copy of the Guidance by visiting the downloads page on the CA website.

Beth Rudolf, Director of Delivery at the Conveyancing Association, commented:

“The first iteration of this Guidance was published in April 2023 and, at the time, we made a commitment to update it as and when required.

“This new version now includes an update to the FAQs, specifically around what happens if a Lease is extended after 14^th February 2022, and we wanted to make sure conveyancers were clear on this.

“We continue to recognise the ongoing complexity of the Building Safety Act, the Building Safety Regulations and Fire Safety Regulations, and it continues to be something of a work in progress.

“In that sense, the Guidance is very much designed to give conveyancing firms a steer in the right direction, but they clearly need to work through each individual case to ascertain how and why it might fit within the legislation, and the advice that they provide to their client as a result of this work.”

Kindly shared by The Conveyancing Association (CA)