Buying or selling a flat in a building over 11 metres tall involves additional legal checks under the Building Safety Act 2022. Not all solicitors handle this type of transaction, and the documentation involved goes well beyond a standard leasehold purchase or sale. We work with solicitors who know what to look for.
Our Building Safety Act conveyancing fee is £300 incl. VAT, on top of standard legal fees, and covers all aspects of the Act as it applies to your transaction.
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What is the Building Safety Act 2022?
The Building Safety Act 2022 came into force following the Grenfell Tower fire in 2017 and the subsequent inquiry into building safety across England and Wales. It applies to residential buildings over 11 metres in height (or five storeys) and introduces new rights for leaseholders, new responsibilities for building owners and a stricter regulatory framework for construction.
For leaseholders, the most significant protection is that building owners can no longer pass on the cost of remediating cladding or other building safety defects to residents. The Act also created the Building Safety Regulator, which residents can contact if they feel their safety concerns are being ignored.
For anyone buying or selling a flat in an affected building, the Act adds a layer of legal complexity that needs careful handling.
Buying a property affected by the Building Safety Act
Buying a flat in a building that falls within the Act is not always straightforward. There is no central register your solicitor can search to confirm whether remedial work is required, has been started or has been completed, so establishing the position takes additional enquiries and cross-referencing multiple sources.
Your solicitor will review two key forms as part of the process: the TA7 (Leasehold Information Form) and the LPE1 (Leasehold Property Enquiries Form). According to the Law Society of England and Wales, these forms should provide:
- the height of the building and whether it qualifies as a relevant building under the Act
- the status of any remediation works (planned, in progress or completed)
- details of any developer's remediation contract
- confirmation of landlord's certificates and leaseholder deeds of certificate
If no developer is responsible, the LPE1 should confirm whether the building has remediation funding through the Building Safety Fund or Cladding Safety Scheme.
Your solicitor will also need to check information from other sources. Estate agents acting for the seller should be able to confirm any known structural or safety issues, the expected cost of any remediation and whether you would need to vacate during works. Mortgage lenders, surveyors and valuers may also provide an External Wall System fire review (EWS1), a fire risk assessment and an appraisal of the external wall fire risk.
Where these sources conflict, your solicitor will need to establish the correct position before you can safely exchange.
Selling a property affected by the Building Safety Act
For sellers, the process is generally less complex since you are likely to have more knowledge of the building's history and any safety work carried out. That said, there are specific legal obligations involved and misrepresenting information at this stage can leave you liable for future damages.
Your solicitor will ask you to complete the TA7 form, which covers the main leasehold enquiries including any building safety issues. They will also handle enquiries from the buyer's solicitor, which can be detailed and time-consuming where the building's status under the Act is not yet fully resolved.
If a landlord's certificate cannot be identified, your solicitor will assist in creating a leaseholder deed of certificate. You will also need to notify your landlord of your intention to sell, which is a requirement under the Act.
What does it cost?
Our Building Safety Act fee is £300 incl. VAT, which is a fixed addition to your standard conveyancing quote and covers all legal work specific to the Act. Standard conveyancing fees apply on top of this.
Our no-completion, no-fee protection covers both the standard legal fees and the £300 Building Safety Act fee. If your transaction falls through for any reason, you will not pay either.
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Frequently asked questions about Building Safety Act
Does the Building Safety Act apply to my property?
The Act applies to residential buildings over 11 metres in height or five storeys tall. If you are buying or selling a flat in a building of this size, it is likely to be relevant. Your solicitor will confirm whether the specific building falls within scope once they have the details.
Why do I need a specialist solicitor?
Not all solicitors handle transactions affected by the Building Safety Act, and the additional documentation involved goes beyond standard leasehold conveyancing. Using a solicitor with experience of these transactions reduces the risk of delays or problems at exchange.
What is the EWS1 form?
The External Wall System fire review (EWS1) is a certificate that confirms an assessment of the fire risk posed by a building's external walls and cladding. It is not a legal requirement but most mortgage lenders will ask for one before agreeing to lend on a flat in a building that may be affected. If one has not been produced for your building, your solicitor will advise on the implications.
What is a leaseholder deed of certificate?
A leaseholder deed of certificate sets out information about the leaseholder's position in relation to any building safety costs. If a landlord's certificate cannot be found, your solicitor will help create one as part of the conveyancing process.
Can a building safety issue stop my sale or purchase going through?
It can cause delays or complications, particularly where the building's remediation status is unclear or where mortgage lenders require additional information. Your solicitor will work through the available documentation to establish the position as clearly as possible before exchange.
Is the £300 fee on top of standard conveyancing costs?
Yes. The £300 incl. VAT Building Safety Act fee is a fixed addition to your standard conveyancing quote. You will see both figures clearly in your quote before you commit.
Does no-completion, no-fee apply to the Building Safety Act fee?
Yes. The no-completion, no-fee protection covers both the standard legal fees and the £300 Building Safety Act fee. If your transaction falls through for any reason, you will not pay either.
What is the TA7 form?
The TA7 is the Leasehold Information Form, completed by the seller as part of the conveyancing process. It covers key details about the leasehold property including any building safety issues, service charges and other relevant information. Accurate completion is important as misrepresentation can lead to liability after completion.
