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Building Safety Act 2022

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Changes to legislation:

Building Safety Act 2022, Paragraph 2 is up to date with all changes known to be in force on or before 07 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

No service charge payable for defect for which landlord or associate responsibleE+W

This section has no associated Explanatory Notes

2(1)This paragraph applies in relation to a lease of any premises in a relevant building.

(2)No service charge is payable under the lease in respect of a relevant measure relating to a relevant defect if a relevant landlord—

(a)is responsible for the relevant defect, or

(b)is associated with a person responsible for a relevant defect.

(3)For the purposes of this paragraph a person is “responsible for” a relevant defect if—

(a)in the case of an initial defect, the person was, or was in a joint venture with, the developer or undertook or commissioned works relating to the defect;

(b)in any other case, the person undertook or commissioned works relating to the defect.

(4)In this paragraph

  • developer” means a person who undertook or commissioned the construction or conversion of the building (or part of the building) with a view to granting or disposing of interests in the building or parts of it;

  • initial defect” means a defect which is a relevant defect by virtue of section 120(3)(a);

  • relevant landlord” means the landlord under the lease at the qualifying time or any superior landlord at that time.

Modifications etc. (not altering text)

Commencement Information

I1Sch. 8 para. 2 in force at 28.6.2022, see s. 170(3)(a)

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