The Building Safety (Leaseholder Protections) (England) Regulations 2022

Citation, commencement, extent and application, and interpretation

1.—(1) These Regulations may be cited as the Building Safety (Leaseholder Protections) (England) Regulations 2022 and come into force on 20th July 2022.

(2) These Regulations extend to England and Wales and apply in England only.

(3) In these Regulations—

“the Act” means the Building Safety Act 2022;

“current landlord” of a building means a person who is the landlord under a qualifying lease(1) of that building;

“leaseholder” means a tenant under a lease of a dwelling in a building;

“remediation service charge” means a service charge(2) which includes a charge in respect of a relevant measure(3) relating to any relevant defect(4);

“RMC” means a body corporate limited by guarantee which is party to a lease of a building where—

(a)

the members of that body are leaseholders, or

(b)

the majority of the shares of that body are held by leaseholders; and

“RTM company” has the same meaning as in the Commonhold and Leasehold Reform Act 2002(5).

(1)

See section 119 of the Building Safety Act 2022 (“the Act”) for the definition of “qualifying lease”.

(2)

See (by virtue of paragraph 1 of Schedule 8 to the Act) the meaning of “service charge” given by section 18 of the Landlord and Tenant Act 1985 (c. 70).

(3)

See paragraph 1 of Schedule 8 to the Act for the definition of “relevant measure”.

(4)

See section 120 of the Act for the definition of “relevant defect”.

(5)

2002 c. 15. See sections 71 to 74.