Fixing cladding and safety defects: buildings at least 11 metres or 5 storeys (England)
Who pays if leaseholders own the freehold
This guide applies to buildings at least 11 metres or at least 5 storeys in England. There are different rules for:
The Building Safety Act 2022 leaseholder protections do not apply to you or your building if you own a share of the freehold.
The residents’ management company should try to cover the costs via:
- the developer
- warranties or insurance
- government funding (cladding defects only)
- legal claims against the developer or former owners (for example under the Defective Premises Act 1972)
Cladding defects
You should not be charged for the costs of fixing cladding defects.
This is because the cost of fixing cladding defects is usually met by the developer or through government funding (for example, if the developer cannot be traced).
Other defects and safety measures
Any costs for historic defects or relevant safety measures still to be paid after the recovery process has been exhausted can be charged to you through the service charge.
If the work will cost any leaseholder more than £250, leaseholders must be consulted through the Section 20 consultation process.
If there’s evidence that the work is not needed or the cost is not reasonable, leaseholders can challenge a service charge at a tribunal.
Recovering costs and other support
You may also be able to:
- Last updated:
- 29 April 2026
- Next review:
- 29 April 2028
Related content
How the protections limit what you pay for unsafe cladding and historic safety defects
Advice guideCheck your rights if your landlord wants to charge you for fire safety work
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