What the Building Safety Act Means for Leaseholders in 2026
Why leaseholders need to understand this legislation now
The Building Safety Act 2022 is one of the most significant pieces of legislation to affect residential leaseholders in a generation. Born out of the tragedy of the Grenfell Tower fire in 2017, it fundamentally reshapes who bears the financial burden of making buildings safe, shifting liability away from leaseholders and towards landlords, developers, and freeholders.
But the Act is not a one-time event. It continues to evolve. In 2026, a series of new provisions, deadlines, and legal decisions are reshaping what leaseholders can expect from their building's management. At Fortem Property, we work with leaseholders and freeholders across England - from modest conversions to high-rise towers - and we think plain-language guidance on this topic is long overdue.
This guide is written specifically for leaseholders. It explains what the Act does, what your rights are, and what is changing in 2026.
Important note: This article is intended as practical guidance only and does not constitute legal advice. If you have specific concerns about your building or lease, we strongly recommend speaking with a solicitor who specialises in leasehold property law.
The core purpose of the Building Safety Act
The Building Safety Act 2022 was designed to do two things: make buildings safer going forward, and protect leaseholders from being landed with the bill for fixing historical safety defects they had no hand in creating.
For decades, leaseholders in buildings with fire safety issues - particularly those with dangerous cladding - found themselves facing enormous remediation bills passed down through their service charges. The Act changed that. It introduced a suite of leaseholder protections that came into force on 28 June 2022, and it placed new legal duties on landlords, freeholders, and those responsible for the management of buildings.
The Act places primary liability on the developers, landlords and freeholders of affected blocks - not on the people who live in them.
The legislation applies to relevant buildings - those that are at least 11 metres or five storeys high with at least two residential units. For buildings over 18 metres (or seven storeys), the regime is more stringent still, with registration requirements and dedicated oversight from the Building Safety Regulator (BSR).
Are you a qualifying leaseholder?
Whether you benefit from the Act's strongest protections depends on whether you hold what the legislation calls a qualifying lease. This is a crucial distinction.
You hold a qualifying lease if all of the following apply:
Your lease is for more than 21 years (a long lease) of a single dwelling
The building is 11 metres or five storeys or more in height, with at least two residential units
Your lease was granted before 14 February 2022On 14 February 2022, the property was your main home, or you owned no more than three UK properties in total
You pay a service charge under the lease
Importantly, if you purchased your flat after 14 February 2022 from someone who held a qualifying lease, their qualifying status transfers to you. The protections follow the property, not just the original leaseholder. This is a vital point for anyone who has bought a flat in a relevant building in the past few years.
If your lease does not qualify, the position is less favourable - though landlords are still constrained in certain ways, particularly where they were the developer responsible for the defect in question.
What the Act protects you from
If you hold a qualifying lease in a relevant building, the Act provides significant financial protections. Your landlord cannot pass the following costs to you through the service charge:
The full cost of replacing or removing unsafe cladding systems on the outer wall of the building
Any historical remediation costs where the developer responsible for the defect is also your building owner (or associated with them)
Historical remediation costs where the landlord as at 14 February 2022 meets the contribution condition - broadly, where the landlord group has a net worth of more than £2 million per relevant building
Historical remediation costs where the value of your lease was below £325,000 in Greater London, or £175,000 elsewhere in England, on 14 February 2022
Legal or professional services costs relating to liability for relevant defects
For non-cladding defects and interim safety measures - such as waking watch patrols - your contribution may be capped and spread over ten years, with any amounts you have already paid since June 2017 counting towards that cap. If remediation costs exceed the cap, building owners must make up the shortfall.
The certificate process: what you may need to complete
The Act introduced a formal certificate framework to establish who is protected, and to what extent. There are two key documents to understand.
The leaseholder deed of certificate
This is your document to complete. It formally confirms to your landlord that your lease is a qualifying lease and sets out key details including the value of your lease and whether you own other properties. You can submit this at any time, and your landlord must invite you to complete one if they become aware of a relevant defect in the building, or if you notify them that you are selling.
Completing this document promptly is in your interest. It establishes your protected status and is especially important when you come to sell, since your qualifying status transfers to the buyer only when properly evidenced.
The landlord certificate
Before your landlord can pass any remediation costs to you through the service charge, they must first complete and serve a landlord certificate. This document sets out who the landlord was on 14 February 2022, their net worth, whether they are associated with whoever was responsible for the defect, and details of any remediation works already carried out.
This is a complex document, particularly for landlords with intricate corporate structures. As your managing agents, Fortem Property can help navigate this process on behalf of freeholder clients.
Watch out if you are selling: if you do not have a qualifying lease, that non-qualifying status will pass to your buyer - even if they intend to live in the property as their main home, and even if they own no other properties. This can significantly affect the saleability and mortgage-ability of a property. Always check the status of your lease before listing.
What is changing in 2026?
2026 is a year of significant movement on building safety. Several key developments will directly affect leaseholders and the buildings they live in.
6 April 2026 - Personal Emergency Evacuation Plans (PEEPs) become mandatory
New regulations require person-centred fire risk assessments and Personal Emergency Evacuation Plans for residents with specific evacuation needs in high-rise and higher-risk residential buildings. Accountable Persons must understand the evacuation needs of all residents, particularly those who may need assistance.
30 September 2026 - Second staircases become mandatory in new tall buildings
From 30 September 2026, all new residential buildings of 18 metres or above must be designed with two separate escape staircases. This applies to new building control applications. While this affects new developments rather than existing leaseholders directly, it will influence how future buildings are valued and insured.
1 October 2026 - The Building Safety Levy comes into force
A new levy on residential developments of 10 or more dwellings takes effect across England. Charged on developers through the building control process, it aims to raise £3.4 billion over ten years to fund unsafe building remediation. This is a developer-facing charge, not a direct cost for existing leaseholders - but it will shape the economics of new residential development.
2026 ongoing - Supreme Court decisions on leaseholder protections
Two landmark cases - the Triathlon and Adriatic appeals - are expected to be heard in 2026. These will clarify critical questions about the retrospective scope of the Act, including whether legal costs incurred before June 2022 can be recovered through service charge from qualifying leaseholders. The decisions will shape how the Act is interpreted for years to come.
2026 ongoing - Building Safety Regulator becomes independent
From 27 January 2026, the BSR transitioned from the Health and Safety Executive to a new independent body under the Ministry of Housing, Communities and Local Government. This signals a maturing of the regulatory regime, with the BSR expected to intensify scrutiny of Accountable Persons and Principal Accountable Persons.
What about the Cladding Safety Scheme?
The government has maintained funding pathways to ensure that unsafe cladding on all residential buildings above 11 metres can be remediated without leaseholders bearing the cost. The Cladding Safety Scheme now handles new applications for buildings over 11 metres across England, following the closure of the Building Safety Fund to new applications in September 2025.
Applications are made by the responsible entity - the person or organisation primarily responsible for repair work - rather than by individual leaseholders. If you are unsure whether your building has an active application or a remediation pathway in place, this is something your building manager should be able to confirm.
Higher-risk buildings: a heightened regime
If you live in a building of 18 metres or more in height (or seven storeys) with at least two residential units, your building is classified as a higher-risk building under the Act. These buildings are subject to a significantly more demanding regulatory regime.
The building must be registered with the Building Safety Regulator, a requirement that should have been met by April 2024. Failure to register is a criminal offence. The Accountable Person (AP) or Principal Accountable Person (PAP) - usually the freeholder or a managing organisation - has ongoing duties to identify and manage building safety risks, maintain a golden thread of building information, and cooperate with residents.
As a leaseholder in a higher-risk building, you have the right to obtain certain safety information about your building and to raise concerns. You also now have the right to a Personal Emergency Evacuation Plan if you have particular evacuation needs, following the legislation that comes into force in April 2026.
What should leaseholders do right now?
Legislation is only useful if you know what to do with it. Here is our practical checklist for leaseholders in 2026.
Establish whether your lease is a qualifying lease - check the date it was granted, the building height, and your property ownership status as at 14 February 2022
If you have not yet completed a leaseholder deed of certificate, consider doing so proactively - do not wait for your landlord to ask
If your building is over 18 metres, confirm that it has been registered with the Building Safety Regulator
Ask your building manager or managing agent about any known relevant defects and whether a remediation pathway or funding application is in place
If you are selling, ensure the qualifying status of your lease is properly documented before you list
If you have evacuation needs, contact your Accountable Person to discuss your Personal Emergency Evacuation Plan ahead of the April 2026 deadline
Keep an eye on the Supreme Court decisions expected in 2026, as these may expand or clarify the protections available to you
Why good management matters more than ever
The Building Safety Act has fundamentally changed the relationship between leaseholders and those who manage their buildings. Compliance is no longer optional - it carries criminal consequences. But compliance alone is not enough. What leaseholders deserve is a managing agent who understands this legislation deeply, communicates clearly, and acts in their genuine interests.
At Fortem Property, building safety compliance sits at the heart of everything we do. We work across all building heights throughout England. When you work with us, you deal directly with the person who manages your building - not a call centre. We know the legislation. We understand what is required. And when the rules change, as they frequently do, we keep our clients informed.
Thinking about switching managing agents? The Building Safety Act has made competent, compliant block management more important than ever. If you feel your current managing agent is not across these obligations, we would be happy to have a conversation. Reach us at darren@fortemproperty.co.uk or www.fortemproperty.co.uk.
Frequently asked questions
I bought my flat after February 2022. Am I protected?
Potentially, yes. If you purchased from a qualifying leaseholder, their protected status transfers to you. This applies even if you did not live there as your main home on 14 February 2022. The key is that the original leaseholder must have held a qualifying lease on that date.
My building is under 11 metres. Does any of this apply to me?
The leaseholder protection provisions of the Building Safety Act apply to relevant buildings of at least 11 metres or five storeys. If your building is smaller, many of the specific protections around remediation costs do not apply - though ordinary service charge protections under the Landlord and Tenant Act 1985 still do.
What if my landlord tries to pass remediation costs to me anyway?
Breaching the statutory leaseholder protections is a criminal offence. Individuals involved can face up to 10 years in prison. If you believe your landlord is attempting to recover costs in breach of the Act, seek legal advice immediately. The First-tier Tribunal (Property Chamber) can also determine disputes about service charges.
Will the Building Safety Levy affect my service charge?
No - the levy is charged on residential developers through the building control approval process, not on existing leaseholders. It is aimed at new development, not the ongoing management of existing buildings.
This article is published for general information purposes only and does not constitute legal advice. Building safety legislation is complex and subject to change. Always seek professional legal advice for your specific circumstances
Fortem Property | www.fortemproperty.co.uk | darren@fortemproperty.co.uk