The Building Safety Act 2022 may give leaseholders protection from paying to fix fire safety defects identified by a fire safety risk assessment.
If you are not a qualifying leaseholder and are not sure about who should pay, then check the terms of your lease. There may be no specific mention in your lease of fire risk assessments or of associated fire safety works. Even so, there may be other clauses that justify passing on the cost to you.
One such example is a sweeping up clause, which covers expenditure that may not have been foreseen. An example of such wording would be ‘any other costs and expenses reasonably incurred in connection with the building’.
It will ultimately come down to the interpretation of the terms of your lease.
More information you might find useful:
- What are the leaseholder protections in the Building Safety Act 2022?
- Who pays for a fire risk assessment?
- Who is responsible for carrying out a fire risk assessment?
- Who can carry out a fire risk assessment?
- Resolutions for service charge disputes
- More Frequently Asked Questions on fire safety
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