top of page

Conveyancing Association Releases Guidance on Building Safety Compliance

Conveyancing Association Releases Guidance on Building Safety Compliance

The Conveyancing Association has unveiled a guidance document aimed at assisting firms in navigating the complexities of the Building Safety Act and Building Safety (Leaseholder Protection) (England) Regulations 2022.

The move comes in response to reports that some conveyancers are hesitant to handle cases involving leasehold homes above 11 meters due to perceived complexities and professional risks.

The Leaseholder Protection regulations stipulate the necessity of a Leaseholder Deed of Certificate and Landlord Certificate for buildings at least 11 meters or five storeys high. Additionally, a new regulatory framework applies to buildings over 18 meters, with a special role designated for the Buildings Safety Regulator.

The guidance document is designed to provide conveyancing firms with comprehensive details on the content of the Act and Building Safety Regulations, offering insights into various aspects. It covers topics such as defining relevant buildings, determining height and storeys, understanding covered defects, identifying qualifying leaseholders, exceptions for leaseholder-owned buildings, Leaseholder Deed of Certificate, required evidence, leaseholder protection, responsibility attribution to the developer, landlord, superior landlord, or leaseholders, and the landlord certificate.

In addition to these details, the guidance includes a section of frequently asked questions and answers, along with a list of questions that conveyancing firms should consider when working on cases involving relevant buildings.

Beth Rudolf, Director of Delivery at the Conveyancing Association, emphasised the complexity of the Building Safety Act and related regulations, stating that the guidance aims to provide a concise overview of the relevant legislation. She highlighted that the document is a work in progress and will be updated to reflect changes as the industry gains practical experience in dealing with such cases.

Rudolf acknowledged the challenges faced by conveyancers and expressed hope that the guidance would assist in clarifying key issues and dispelling misconceptions. The guidance document is available for download on the Conveyancing Association's website.


bottom of page