Building Safety Act - Landlord’s Certificate
Building Safety Act - What’s your view? I was asked by a landlord to measure the height of a block of flats as one of the leaseholders were selling their flat and their purchasers solicitor had asked for a landlord’s certificate. From the photo you will see that the property is in excess of 100 years old and the landlord confirmed that the last major works to convert the property into flats was completed in excess of 40 years ago. Whilst I have calculated the building height to be c. 12.6m, the protection afforded to leaseholders (for ‘Relevant Defects’) under the Building Safety Act 2022 covers "any defect caused during the construction or refurbishment of a building in the past 30 years that causes a risk to people’s safety from the spread of fire, or the collapse of some or all, of the building". Therefore, in my opinion I do not believe the protection afforded to leaseholders for ‘Relevant Defects’ under the Building Safety Act 2022 applies to the leaseholder as the last substantial construction or refurbishment was in excess of 40 years. As a consequence, a Landlord’s certificate is not required. Do you agree? #buildingsafetyact #buildingsurveying #legalopinion