What to check if you're charged for historic safety defects (England)
If you have to pay
Cladding defects
You should not have to pay the costs of fixing cladding defects.
This is because, under the Building Safety Act 2022, the cost of fixing cladding defects is usually met by the developer, landlord or through government funding.
Other defects and safety measures
If you are a qualifying leaseholder
There is a limit on what you can be charged in total and how much you have to pay each year. This is called a statutory cap. It applies to non-cladding defects and relevant safety measures. You may have reached your cap already as all payments since 2017 count towards it.
How to check your cap and how caps work in practice
If you are not a qualifying leaseholder
There is no cap. But your landlord cannot charge you extra to cover the amounts that qualifying leaseholders are protected from paying.
How to challenge a service charge
Even if you have to pay, you still have the right to:
- ask for a breakdown of the costs before paying
- be consulted if the cost is going to be more than £250 for any one leaseholder (the Section 20 consultation rules)
- pay under protest: use our template letter to record your objection – it makes it easier to challenge the charge later
If you challenge the charge at tribunal, you normally have to pay it first.
Recovering costs and other support
You may also be able to:
- Last updated:
- 29 April 2026
- Next review:
- 29 April 2028
Related content
How fire safety remediation works, who pays and what to do about costs or delays
Advice guideHow the protections limit what you pay for unsafe cladding and historic safety defects
Advice guide