Leasehold: Reform

Department for Levelling Up, Housing and Communities written question – answered at on 28 March 2024.

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Photo of Mike Amesbury Mike Amesbury Shadow Minister (Levelling Up, Housing, Communities and Local Government)

To ask the Secretary of State for Levelling Up, Housing and Communities, with reference to his Department's press release entitled Leasehold reforms give more rights and protections to homeowners, published on 27 November 2023, when he plans to bring forward legislative measures to amend the Building Safety Act 2022 to make it easier to ensure that those who caused building-safety defects in enfranchised buildings are made to pay.

Photo of Lee Rowley Lee Rowley Minister of State (Minister for Housing)

Under Part 5 of the Building Safety Act 2022 leaseholders in enfranchised buildings, either individually or collectively, can pursue developers – and their associated companies – via a remediation contribution order, for funds they have spent or will spend remediating their buildings for relevant defects.

We are building on the legislation brought forward by the Act. The Government has tabled several amendments for the Leasehold and Freehold Reform Bill to clarify and extend the protections in some specific areas. These amendments will further prevent freeholders and developers from escaping their liabilities to fund building remediation work – protecting leaseholders by allowing the Building Safety Act 2022 to operate as intended, as well as adding further protections in some specific scenarios.

For example, we have made clear that a remediation contribution order can, among other things, order the landlord or developer to make payments for the costs of:

  • steps which reduce the risk of a relevant defect;
  • obtaining an expert report; and,
  • temporary alternative accommodation and associated costs in connection with a decant from a building in connection with a relevant defect.

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