Anthony James
Building safety

Do leaseholders pay for historic safety defects?

An overview of the Building Safety Act protections.

Reviewed by Mark Cunningham AssocRICS MTPI MIFSM, Leasehold Director. Last reviewed 3 October 2026.

The Building Safety Act 2022 protects many leaseholders from the cost of historic building safety defects in buildings of at least 11 metres or five storeys.

In outline

  • Qualifying leaseholders cannot be charged for remediating unsafe cladding.
  • Contributions to other historic safety defects are capped, and some leaseholders pay nothing.
  • Whether your lease qualifies depends on facts as at 14 February 2022, confirmed through a leaseholder deed of certificate.

The rules are detailed. If you receive a bill for safety works, ask for the landlord's certificate and take advice from LEASE before paying.

General information about the law in England, not advice on a particular building.