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

Protections if you do not qualify

In this guide

If you live in a building at least 11 metres high or at least 5 storeys and you are not a qualifying leaseholder the Building Safety Act 2022 has fewer protections against historic fire safety costs.

You should not be asked to pay for cladding defects. But for non-cladding defects and relevant safety measures, there are circumstances when you could be charged. And if you are, there is no statutory cap.

Cladding defects

You should not be charged 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 or through government funding.

Non-cladding defects

You do not have to pay for non-cladding defects if any of these protections apply:

  • the company that built your block signed the government's developer remediation contract
  • the developer rule is met (meaning your landlord, or the company they are part of, was the original developer of the building)

You can check if the developer rule is met on the landlord certificate.

Unless the landlord can provide a certificate that proves otherwise, the rule is assumed to be met (meaning you do not have to pay).

If none of these protections apply

If none of these protections apply you can be charged.

There is no cap. But your landlord cannot charge you extra to cover amounts that qualifying leaseholders are protected from paying.

Relevant safety measures (such as a waking watch)

You cannot be charged for relevant safety measures if the developer rule is met.

If the developer rule is not met, you can be charged.

There is no cap. But your landlord cannot charge you extra to cover amounts that qualifying leaseholders are protected from paying.

If you're being asked to pay

Your rights if you’re being asked to pay

Recovering costs and other support

You may also be able to:

Last updated:
29 April 2026
Next review:
29 April 2028

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