Leaseholder protections: buildings at least 11 metres or 5 storeys (England)

Check if you qualify

To qualify for leaseholder protections from costs of historic safety defects, certain conditions must be met.

The building

The building must be a “relevant building”.

This means it must:

be in England (there are separate rules for Wales)
contain at least 2 separate homes
be either at least 11 metres high or at least 5 storeys

Mezzanine floors or basement level flats usually do not count as a storey. But there are exceptions. For example, if the ceiling of a basement flat is above ground level it may qualify.

Check the rules on building height, mezzanine floors and basement level flats (GOV.UK)

The lease

The lease (including shared ownership leases) must have been:

originally granted for a term of more than 21 years
granted before 14 February 2022

A lease that qualified on 14 February 2022 will continue to qualify after that date even if it is extended, varied or sold to someone else.

The number of properties owned on 14 February 2022

To qualify, on 14 February 2022 one of the following must apply:

the property was your only or main home – meaning the home where you spent most of your time
you did not own more than 3 homes in total in the UK

If you owned more than one property or are a joint owner

Homes anywhere in the UK count towards your total, including any you jointly own with someone else.

If on 14 February 2022 you owned:

3 or fewer homes – all the leasehold properties can qualify (if the other conditions are met)
4 or more homes – only the leasehold property you lived in as your main home can qualify (if the other conditions are met)

If you bought the property after 14 February 2022

You “inherit” the qualifying status of the lease as it was on 14 February 2022. Your own situation on that date is not taken into account. It’s a good idea to check the qualifying status on the leaseholder certificate or landlord certificates when buying the property.