Statutory Diligence GuideUpdated October 2026Follow on Google★

Who is a Qualifying Leaseholder Under the Building Safety Act 2022?

Statutory Source: Building Safety Act 2022 Part 5 & Schedule 8

Quick Answer: Who is a Qualifying Leaseholder Under the Building Safety Act 2022?

A qualifying leaseholder under the Building Safety Act 2022 is a tenant in a relevant building (at least 11m or 5 storeys tall) whose lease was granted before 14 February 2022, and the flat was their only/principal home or they owned no more than 3 UK residential dwellings in total on that date.

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The 14 February 2022 Legal Qualifying Test

Under Section 119 of the Building Safety Act 2022, statutory financial protection is determined strictly by the property's ownership status as of midnight on 14 February 2022. A leaseholder qualifies if:

1. The building is a 'Relevant Building': It must be at least 11 metres in height or contain at least 5 storeys, and must not be a leaseholder-owned enfranchised building or commonhold.

2. The lease is a 'Relevant Lease': A long residential lease granted for more than 21 years before 14 February 2022.

3. Qualifying Purpose: On 14 February 2022, the dwelling was the leaseholder's only or principal home, OR the leaseholder owned no more than 3 UK residential dwellings in total.

Statutory Liability Caps: Qualifying vs Non-Qualifying

The Building Safety Act completely reorganizes historical building remediation liabilities:

• Cladding Remediation: All qualifying leaseholders pay £0. Freeholders and developers are legally prohibited from passing any cladding remediation costs to qualifying tenants through service charges.

• Non-Cladding Remediation (Compartmentation, fire doors, balconies): Strictly capped over a 10-year period based on property value.

Building Safety Act 2022 Schedule 8 statutory liability caps
Property Value (14 Feb 2022)LocationCladding LiabilityMaximum 10-Year Non-Cladding Cap
Under £175,000Any UK location£0 (Statutory Protection)£0 (Full Exemption)
Under £325,000Greater London£0 (Statutory Protection)£0 (Full Exemption)
£175k – £1mOutside London£0 (Statutory Protection)£10,000 maximum
£325k – £1mGreater London£0 (Statutory Protection)£15,000 maximum
£1m – £2mAny UK location£0 (Statutory Protection)£50,000 maximum
Over £2,000,000Any UK location£0 (Statutory Protection)£100,000 maximum
Non-Qualifying LeaseAny UK locationUncappedUncapped (Subject to lease terms)

Does Qualifying Status Transfer to a Buyer?

Yes. Under secondary legislation accompanying the Building Safety Act, once a lease qualifies based on its 14 February 2022 status, that qualifying protection remains permanently attached to the lease.

When the property is sold, the new buyer automatically inherits qualifying leaseholder protections, provided the seller executes and provides a compliant Leaseholder Deed of Certificate.

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Official Statutory Notice & Guidance:

This guide is compiled for informational due diligence referencing official statutory records from Building Safety Act 2022 Part 5 & Schedule 8 under the Open Government Licence v3.0. Legal titles and physical structural condition should always be independently inspected by a qualified conveyancing solicitor and chartered RICS surveyor prior to legally binding property commitments.