Cladding & Building Safety · Report on Title scenarios
Cladding and building safety
5 situations in which cladding or building safety comes up during a conveyancing transaction, each answering a different question.
- Is this a qualifying lease under the Building Safety Act?The leaseholder protections turn on the building, the lease and where things stood on 14 February 2022. They pass to you when you buy — and extending the lease can lose them.
- The landlord has not provided a Landlord's CertificateSilence from the landlord within the statutory period gives the leaseholder protection by default. Why that is a win on paper and a complication on a future sale.
- The leaseholders own the freehold, so the Act does not protect usA building owned by its own leaseholders is not a relevant building, so the statutory cost protections do not apply. Why that follows, and what it means for a share-of-freehold flat.
- The seller says there is no cladding, so there is no EWS1 formAn EWS1 is produced when a building needs one, and a seller saying there is no cladding is not the same as a building having been assessed. What your buyer's lender may ask for.
- I have been told the building is under 11 metresHeight decides whether the statutory protections engage at all, and nobody in your transaction has measured the building. What that means, and who told you.
Already bought, and cladding or building safety has become a problem?
These pages are written for someone still deciding. If this came up after you completed, the question is a different one — what was known during the purchase, and what should have been reported to you.
Tell us what happened → WhenIBought.comDealing with this on a current conveyancing matter?
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