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

Protections if you qualify

If you live in a building at least 11 metres high or at least 5 storeys and you are a qualifying leaseholder the Building Safety Act 2022 provides protections against historic fire safety costs.

You should not have to pay for cladding defects. For non-cladding defects and relevant safety measures, you may only have to contribute in limited circumstances, and any contribution should be capped and spread over 10 years.

Cladding defects

You do not have to pay to fix cladding defects. This is because, under the Building Safety Act 2022, the cost of fixing cladding defects is met by the developer, landlord or through government funding.

Non-cladding defects

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

  • your property was worth less than £175,000 (or less than £325,000 in Greater London) on 14 February 2022
  • the developer that built or refurbished your block signed the government’s developer remediation contract
  • the developer rule is met
  • the landlord wealth rule is met

GOV.UK has more detail on how to work out the value of the property and you can check whether the developer or landlord wealth rules are met on the landlord certificate.

Unless the landlord can provide a certificate showing otherwise, the protections are assumed (meaning you do not have to pay).

If none of these protections apply, there is a limit on the total amount you can be charged and how much you have to pay each year. This is your statutory cap.

The developer and landlord wealth rules explained - Show Contents

The developer rule

This is met if your landlord, or a company they are part of, was the original developer of the building.

The landlord wealth rule

This is met if your landlord’s group had a net worth of more than £2 million per relevant building on 14 February 2022.

How to find out

You can check whether the developer or landlord wealth rules are met on the landlord certificate.

Relevant safety measures (such as a waking watch)

The same protections apply to relevant safety measures as to non-cladding defects.

Relevant safety measures are the actions needed to investigate, manage or reduce the risks associated with a defect. Examples can include:

  • temporary fire alarms
  • waking watch (a 24-hour fire patrol used to spot fires early and help people evacuate)
  • professional work and fees (such as surveys or expert advice)

However, the developer remediation contract does not cover relevant safety measures. This means, if this is the only protection that applies, you can be charged for relevant safety measures – but only up to your statutory cap.

How the caps work in practice

If you're being asked to pay

Recovering costs and other support

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