Building safety duties for landlords of flats

Why it matters

A safety issue in the building can affect mortgageability, insurance and value even where the flat itself is in perfect order, and it can arrive as an unexpected service charge demand.

Legal requirements

• Duties for higher risk buildings sit with the accountable person and the principal accountable person.
• Leaseholder protections limit certain remediation costs that can be passed on in qualifying cases.
• Building owners must provide safety information to residents on request.
• Landlords remain responsible for safety inside the demised flat, including alarms and electrics.

Common mistakes

• Buying a flat without asking about the external wall construction and any remediation plan.
• Assuming any cost passed through in a service charge is automatically payable.
• Failing to give tenants the building's fire strategy information, such as stay put or evacuate.
• Overlooking that flat level compliance duties are unchanged by building level programmes.

Practical guidance

• Ask the freeholder or managing agent for the building's safety case and remediation status.
• Check whether leaseholder cost protections apply to your position before paying a demand.
• Give tenants the current evacuation strategy in writing at the start of the tenancy.
• Keep your own flat level certificates current, since they are the part you control.

Selling, remortgaging and EWS1

Lenders may require external wall information for buildings with cladding or balcony construction concerns. Where a form exists, obtain a copy from the managing agent early, because chasing one during a transaction adds months. Where remediation is planned but incomplete, expect valuation and lending constraints. This is a portfolio planning issue as much as a transaction issue, since it affects when you can realistically exit.

What tenants need to know

Residents are entitled to clear information about the building's fire strategy. Tell tenants at the start of the tenancy whether the building operates a stay put or simultaneous evacuation policy, where the escape routes are and who to contact in an emergency. Pass on building notices promptly rather than filtering them. If a waking watch or alarm change is introduced, tenants should hear it from you at the same time as everyone else.