Paying historic fire safety costs: buildings under 11 metres or 5 storeys (England)

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

Check the rules on building height, mezzanine floors and basement level flats if you think your building meets the ‘at least 11 metres high, or at least 5 storeys’ rule. if it does, you might qualify for protection from historic safety costs.

If the work will cost any leaseholder more than £250, your landlord must consult you through the Section 20 consultation process.

If there’s evidence that the work is not needed or the cost is not reasonable, you can challenge a service charge at a tribunal.

Getting information about fire safety work

To help you understand if the work is needed or the cost is reasonable, you can ask your landlord if:

• the work is based on a current fire risk assessment and ask for a copy of it
• the work is based on a fire risk appraisal of external walls (FRAEW)
• the FRAEW was done to PAS 9980:2022 standards

A FRAEW happens when a building’s external walls contain – or are suspected of containing – combustible materials. This is something that can be discovered as part of a fire risk assessment.

Building warranties

If your building is still within its warranty period (often 10 years from the completion date), defects in the original construction may be covered.

Check with your warranty provider. The management company or managing agent should be able to tell you whether a warranty is in place and who the provider is.

Building liability orders

If the original developer has restructured or dissolved a company to avoid liability, the courts can make a building liability order to hold associated companies responsible.

You will need specialist legal advice to get a building liability order.

Defective Premises Act claims

If your building was not fit for habitation because of defective work when it was built, converted, or refurbished, the building owner (or you, if you own a share of the freehold) may be able to bring a legal claim against the original developer or contractor responsible.

The Building Safety Act 2022 extended the time limit for such claims under the Defective Premises Act 1972 from 6 years to 30 years. This applies to all buildings regardless of building height.

You will need specialist legal advice to pursue a claim.