Start with the right building safety rules
Different rules govern safety management, remediation funding and who pays. A building's height alone does not establish your entitlement. This guide covers England; these leaseholder cost protections do not apply to homes in Wales, Scotland or Northern Ireland. See the government's jurisdiction and qualifying-lease guidance (opens in a new tab).
For the occupied higher-risk building regime, residential buildings generally need at least two residential units and either 18 metres in height or seven storeys. Accountable persons have duties under this regime, including registration with the Building Safety Regulator (BSR). The separate historic-defect protections use an 11-metre or five-storey threshold. See BSR's high-rise guidance (opens in a new tab) and the definition of a relevant building (opens in a new tab).
General information, checked on 8 October 2026, not advice on your individual lease or building. Obtain specialist advice before accepting liability for remediation costs.
Does your lease qualify for protection?
A relevant building must contain at least two dwellings and be at least 11 metres high or have at least five storeys. The statutory definition excludes leaseholder-owned buildings, including commonhold and qualifying collectively owned freeholds. Managing a building through an RTM company is different from owning its freehold. Check the ownership structure and measurement rules in the official building guidance (opens in a new tab).
A qualifying lease is normally a lease of a single dwelling granted before 14 February 2022 for more than 21 years, with a service-charge obligation. On that date, the dwelling must have been its leaseholder's only or main home, or that leaseholder must have owned no more than three UK dwellings in total. Superior leases are excluded where the dwelling had multiple lease layers. Qualifying status passes to later buyers; legislation also preserves protection when a qualifying lease is extended, varied or replaced. See the full qualifying-lease rules (opens in a new tab).
A relevant defect must create a risk from fire spread or structural collapse and arise from specified building work or related services. The historic period is 28 June 1992 to 27 June 2022; subsequent work to remedy those defects is also covered. Routine maintenance and ordinary wear do not become protected costs simply because the building has cladding. See the relevant-defect definition (opens in a new tab).
What can you be charged?
Qualifying leases are protected from relevant cladding-remediation charges. Further tests can prevent non-cladding charges too: the landlord's responsibility for the defect, its association with the developer, its group wealth and the lease's statutory value all matter. The developer-linked landlord protection can also protect non-qualifying leases. Do not assume a charge is payable merely because it is below a cap. Start with the government's protection guidance (opens in a new tab).
Where non-cladding contributions are permitted, the usual qualifying-lease cap is £15,000 in Greater London and £10,000 elsewhere in England, spread over ten years. Statutory values below £325,000 in Greater London or £175,000 elsewhere give a zero cap. Higher-value leases have higher caps; shared ownership reduces the applicable cap proportionately. Relevant payments since 28 June 2017 count towards it. Use the official calculation, rather than today's sale value: leaseholder contribution caps (opens in a new tab).
Keep your leaseholder deed of certificate, landlord certificate and supporting evidence. A compliant landlord request gives you at least eight weeks to provide the deed and evidence. The landlord must add four weeks if you ask before the time ends. If you still do not provide them after the prescribed steps, you can lose the presumption that you qualify. Eligibility is not lost permanently. A later purchase does not by itself create qualifying status. Check the certificate requirements (opens in a new tab) before replying to a request or paying a disputed demand.
Find the right remediation funding route
Since 1 September 2025, new government cladding-funding applications for buildings over 11 metres in England use the Cladding Safety Scheme (CSS). Private and social-sector buildings can qualify, subject to the scheme's tests. The responsible entity or its representative applies; an individual resident does not apply for the building's grant. Funding concerns eligible cladding fire risks and costs, rather than every repair found during works. See the CSS overview (opens in a new tab).
The under-11-metre fund closed to applications on 9 October 2026. Homes England continues to assess applications submitted before the deadline. Its Tell Us tool accepts building information; it is not a funding application. Contact the responsible entity about an existing application. The closed window required an external-wall fire risk appraisal, prioritised high cladding fire risks and excluded works started before 9 July 2026. Eligibility did not guarantee funding. See the fund overview, updated 10 October 2026 (opens in a new tab).
Ask whether a developer is already responsible under the Developer Remediation Contract, and request the building's assessment and programme. A developer's participation does not establish that every building it worked on is covered. Use the contract guidance for responsible entities (opens in a new tab).
Ask for the safety information you need
- Request the current fire risk assessment, any external-wall appraisal and the remediation programme.
- Ask who is responsible for the next decision, what is blocking it and when residents will receive an update.
- Keep dated reports, correspondence, certificates and demands together; record unresolved questions.
An EWS1 form supports valuation and lending decisions. It is not a government safety certificate or a substitute for a fire risk assessment. The government's September 2026 external-wall appraisal guidance (opens in a new tab) explains the distinction. Ask your lender and conveyancer what evidence they need for a sale or remortgage.
Residential evacuation-plan duties have applied since 6 April 2026 in England. They cover buildings with two or more domestic premises that are at least 18 metres or seven storeys, and buildings over 11 metres with simultaneous evacuation strategies. Eligible residents occupy their home as their only or principal residence and have an impairment or condition that compromises evacuation without assistance. The responsible person must take reasonable steps to identify them and offer a person-centred fire risk assessment. They must ensure an assessment is carried out when an eligible resident requests one. Participation is voluntary. Sharing the resident's information with the fire and rescue authority requires explicit consent. See the Residential PEEPs guidance (opens in a new tab).
For unresolved fire-spread or structural-safety concerns in an occupied higher-risk building, follow the building's complaints process and the BSR reporting guidance (opens in a new tab). BSR is not the complaints route for every building or every maintenance issue. For a dispute over historic defects, the remediation-order guidance (opens in a new tab) explains when the First-tier Tribunal can require a landlord to remedy defects.
Remediation targets and proposed changes
The government's Remediation Acceleration Plan targets completion of government-funded 18-metre-plus buildings by the end of 2029, with a 2031 completion ambition for 11-to-18-metre buildings. These policy aims are not guarantees for your building. Ask for its own funded programme and check the plan, updated June 2026 (opens in a new tab).
The Building Safety (Remediation of Unsafe Cladding etc) Bill (opens in a new tab) was introduced on 14 October 2026. It proposes assessment and remediation duties, enforcement powers and a remediation backstop where the responsible duty-holder fails to act. These proposals are not current law. Read the government's guide to the Bill (opens in a new tab) and follow its parliamentary progress.