- 26 Feb 2024
- •
- 2 min read
Building Safety Act 2022 – rules relating to Service Charges

The Building Safety Act 2022 (BSA) marks the most significant change to building safety regulation in over a generation, with the introduction of new legal duties for landlords and owners of high-risk residential buildings to ensure their safety. High-risk buildings are defined as residential properties of at least 18 meters or 7 storeys high, with at least two residential units. Building owners or landlords are termed the ‘Accountable Person’ under the Act, which can also include those responsible for maintaining the common parts, such as a management company.
Remedial costs for affected buildings
The BSA has deemed many existing high-rise buildings unsafe, requiring urgent remedial works to protect occupants and ensure compliance. These works can come at significant expense, raising the question of whether costs can be recovered from leaseholders via a service charge.
Costs related to dangerous cladding removal are explicitly non-recoverable from leaseholders. For other remedial works, recoverability depends on whether they address “relevant defects” in “relevant buildings,” alongside factors like the lease’s value and the landlord’s net worth. Each case requires detailed analysis under the BSA. If you are an ‘Accountable Person’ or a leaseholder needing clarity on cost recovery, please contact us for advice.
Costs of ongoing building safety measures
Ongoing costs to comply with the BSA’s safety duties, distinct from remedial works, are recoverable via service charges. Amendments to the Landlord and Tenant Act 1985 introduced implied covenants into leases to ensure compliance with the BSA.
Recoverable costs may include:
- Applying for a building assessment certificate.
- Taking reasonable steps to manage building safety risks.
- Assessing building safety risks.
- Preparing and revising a safety case report.
- Providing safety case report to the regulator.
- Making a request to enter premises, or an application to the County Court for access when a leaseholder breaches BSA obligations.
Landlords of high-risk buildings are now required to share specific building safety information with tenants, including updates in rent or service charge demands and prescribed safety notices.
Summary
The BSA represents a complete overhaul of housing and construction regulations, introducing new obligations for both landlords (‘Accountable Persons’) and leaseholders. Service charge rules have been significantly affected, requiring a case-by-case approach to determine recoverability under the legal framework.
Should you require any further information as to how the BSA might impact your service charge, please get in touch with our construction dispute resolution team on 0800 2800 421.

Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.