Cladding Remediation UK 2026 — Landlord & Leaseholder Guide

Building Safety Act 2022 — leaseholder cost protections

The BSA 2022 introduced legally binding protections preventing certain remediation costs being passed to qualifying leaseholders:

• Qualifying leaseholders — who is protected: A leaseholder is 'qualifying' for the BSA 2022 cost protections if: (a) they own a long lease (21+ years at grant) of a dwelling in a building that is 11 metres or higher (or 5+ storeys); (b) on 14 February 2022 (the date of the BSA 2022 announcement), the lease was their only or main home OR the leaseholder owns no more than 3 residential properties in the UK in total. The 3-property limit is critical for buy-to-let landlords — a landlord with more than 3 UK residential properties does not qualify for the cost protections and could face service charge demands for remediation
• Protected remediation works: For qualifying leaseholders, the BSA 2022 prohibits freeholders from passing the cost of: (a) the removal and replacement of unsafe cladding (both the external wall cladding system itself and any fire-stopping defects created during its installation); (b) interim safety measures (waking watch, fire alarms) put in place while the building is being made safe; and (c) legal and other costs of recovering remediation costs from developers. These costs must be met by the freeholder, developer, or government funding
• Non-qualifying leaseholders — potential liability: Buy-to-let landlords who own more than 3 residential properties on 14 February 2022 are not qualifying leaseholders under the BSA 2022. They can therefore face service charge demands for their share of remediation costs. Service charges are proportional to the demise — so a landlord of a flat with a 1/30 share of the building would face 1/30 of the total remediation cost. For large buildings with extensive cladding works, this could be hundreds of thousands of pounds
• Developer remediation obligation: The BSA 2022 and subsequent regulations impose a legal obligation on developers (housebuilders who built or commissioned the defective building) to remediate unsafe buildings. The government has entered into the Developer Remediation Contract — a voluntary agreement signed by the largest housebuilders committing them to fund remediation of buildings they developed. Where a developer is identified and solvent, they should fund the remediation without cost to leaseholders
• Building Safety Levy: A Building Safety Levy is being introduced (under the BSA 2022) to be charged on developers when they seek building control approval for new residential developments. The levy funds the remediation of buildings where the responsible developer cannot be identified or is insolvent. The levy is paid by developers, not landlords or leaseholders — but it adds to the overall cost of new development

EWS1 — external wall system assessment and mortgage impact

The EWS1 form was introduced to give mortgage lenders confidence about the safety of a building's external wall system:

• What EWS1 is: The EWS1 (External Wall System) form is an assessment carried out by a qualified fire safety engineer or other appropriately qualified person, confirming the safety of the external wall system of a building. The form was introduced in December 2019 by the Royal Institution of Chartered Surveyors (RICS), UK Finance, and the Building Societies Association, following lender concerns about buildings with potentially unsafe cladding
• EWS1 outcomes: An EWS1 assessment results in one of two outcomes: (A) — the external wall system is of limited combustibility and no remediation is required (the building is mortgageable at standard terms); or (B) — the external wall system requires further investigation, an intrusive survey, or remediation. A B outcome means the building is unlikely to be mortgageable until remediation is complete or interim measures are confirmed
• When EWS1 is (and is not) required: RICS guidance from April 2021 clarified that EWS1 is only required for buildings where there are specific concerns about the external wall system — not as a blanket requirement for all blocks of flats. Single-storey buildings, buildings without cladding, and buildings where lenders' own valuation surveyors are satisfied that there are no cladding concerns do not require EWS1. However, in practice many lenders still require EWS1 for all multi-storey blocks where there is any doubt
• Mortgage impact for buy-to-let landlords: A BTL landlord trying to sell or remortgage a leasehold flat in an affected building faces significant obstacles where no EWS1 is available or where the EWS1 result is B1 or B2. Most BTL mortgage lenders will not lend (or will apply a significant LTV restriction) on flats in buildings without a satisfactory EWS1 or where remediation is outstanding. This can make it impossible to exit the investment by sale or remortgage until the building is remediated
• Self-certification for lower-risk buildings: The government has worked with lenders to implement self-certification for lower-risk buildings (single-storey blocks, buildings without cladding, buildings where a fire risk assessment confirms no concerns). RICS issued updated guidance to help valuers assess buildings without requiring a full EWS1 in all cases. Landlords should check with the freeholder whether a self-certification route is available for their building

Responsible Person obligations — fire safety in leasehold buildings

The Responsible Person under fire safety law has specific duties regardless of cladding status:

• Who is the Responsible Person: Under the Regulatory Reform (Fire Safety) Order 2005 (FSO), the Responsible Person (RP) for a building is the person who has control of the premises — typically the freeholder or managing agent for the common parts of a leasehold building. For a landlord who owns a leasehold flat in a block, the RP for the common parts is usually the freeholder or their managing agent — not the individual flat owner
• Fire Safety Act 2021 — extended the FSO to include the external walls: The Fire Safety Act 2021 clarified that the FSO applies to the external walls, windows, and entrance doors of blocks of flats. This means the RP must carry out a fire risk assessment that includes the external wall system — and take action where it identifies risks
• Waking watch: Where a building has identified fire safety risks (including unsafe cladding) but is awaiting remediation, the RP may need to implement interim measures — including 24-hour waking watch patrols (security personnel walking the building and evacuating residents if a fire starts). Waking watch costs are typically charged as a service charge. Under the BSA 2022, qualifying leaseholders are protected from these costs
• Higher-risk building (HRB) regime under BSA 2022: Buildings that are 18 metres or higher (or 7+ storeys) with at least 2 residential units are classified as higher-risk buildings under the BSA 2022. The RP for an HRB must register the building with the Building Safety Regulator (BSR), appoint a Building Safety Manager (BSM), and comply with the new higher-risk building safety case requirements — including resident engagement and mandatory reporting of safety incidents. Non-compliance with the HRB regime carries significant criminal penalties
• Accountable Person: Under the BSA 2022, each HRB must have a designated Accountable Person (AP) — the person with legal obligations for the safety of the building. For a leasehold block, the AP is typically the freeholder. Individual flat owners are not the AP for the common parts — but if a landlord is also the freeholder of a building, they will have AP responsibilities. Understanding whether you are the freeholder/AP is critical for compliance

Practical steps for landlords with flats in affected buildings

What buy-to-let landlords owning leasehold flats should do now:

• Check if your building is affected: Request information from the freeholder or managing agent about: whether the building has an EWS1 assessment; whether any fire risk assessment has identified cladding concerns; whether the developer has been contacted about remediation; and whether the building is registered with the Building Safety Regulator (if HRB). The Building Safety Register is publicly searchable at the BSR website
• Check if you are a qualifying leaseholder: If you owned 3 or fewer residential properties on 14 February 2022 and the leasehold flat was your only or main home on that date — or was a BTL investment and you owned 3 or fewer properties in total — you are likely a qualifying leaseholder under the BSA 2022. Seek legal advice to confirm your status before accepting any service charge demands for remediation costs
• Challenge non-qualifying service charge demands: If the freeholder serves a service charge demand for remediation costs, qualifying leaseholders can challenge the charge before the First-tier Tribunal (Property Chamber). The BSA 2022 creates a legal barrier to charging qualifying leaseholders — a demand that breaches these protections is potentially unlawful. Non-qualifying landlords may be liable but should verify the demand is correctly calculated
• Register for leaseholder deed of certificate: Under the BSA 2022, qualifying leaseholders must provide their freeholder with a 'leaseholder deed of certificate' confirming their qualifying status. This triggers the legal protections. Many leaseholders have not yet completed this step — and without it, the freeholder may not recognise the qualifying status. Complete the certificate promptly if you believe you qualify
• Contact the developer: Where the developer of the building is known and solvent, they are legally obliged (under the Developer Remediation Contract and BSA 2022 provisions) to fund remediation. Contact the developer directly if the freeholder is not pursuing them. The government's Building Safety programme team can assist where developers are uncooperative

Frequently asked questions