High-rise building safety: your rights as a tenant

The Building Safety Act 2022 introduced significant new protections for residents of tall buildings following the Grenfell Tower fire. If you live in a high-rise block, you have specific rights around safety, information, and accountability. This article explains the key protections and what to do if you have concerns.

What buildings are covered?

The Building Safety Act 2022 creates a tiered system of regulation:

Higher-risk buildings (HRBs): buildings of 18 metres or more in height (roughly 7 or more storeys) that contain at least two residential units. These are subject to the most stringent requirements under the Act and are regulated by the Building Safety Regulator.

Buildings 11–18 metres: some requirements apply to buildings in this range, particularly around fire safety and remediation costs.

Other buildings: the Fire Safety Act 2021 and the Regulatory Reform (Fire Safety) Order 2005 continue to apply to all multi-occupied residential buildings, covering external wall systems, common parts, and fire safety management.

Who is the "accountable person"?

For higher-risk buildings, the Act creates the concept of the accountable person, the entity responsible for managing building safety. This is usually the building owner (freeholder), the management company, or the registered provider. Accountable persons must:

• Register higher-risk buildings with the Building Safety Regulator
• Assess and manage building safety risks
• Maintain a safety case for the building
• Engage with residents on safety matters
• Appoint a "principal accountable person" where there are multiple accountable persons

What rights do residents have?

Information rights: residents of higher-risk buildings have the right to:

• Request safety information about the building
• Request information about the safety case
• Receive information about remediation plans (if the building has cladding or other safety issues)

Residents' panel: accountable persons must establish a residents' engagement strategy and must allow residents to raise safety concerns.

The Building Safety Regulator: this new body oversees higher-risk buildings and can be contacted if you believe the accountable person is failing in their duties. The regulator can take enforcement action.

Cladding and remediation

If your building has dangerous cladding (such as ACM cladding of the type on Grenfell Tower) or other fire safety defects, remediation must be carried out. Key protections:

• Leaseholders in buildings over 11 metres have been protected from being charged for certain remediation costs, the Building Safety Act 2022 significantly limits the circumstances in which leaseholders can be required to pay for historical building safety defects.
• Qualifying leaseholders (those who lived in the building as their main home when the Act commenced, or those who owned no more than two other dwellings in the UK) have the most extensive protections.
• Landlords and building owners responsible for the defective construction cannot pass remediation costs to qualifying leaseholders in many circumstances.

What if the building is unsafe?

If you believe your building has a serious fire safety defect:

1. Report to the accountable person in writing, they are legally obliged to respond and to manage the risk.
2. Report to the local fire and rescue service, they can inspect the building and take enforcement action under the Regulatory Reform (Fire Safety) Order 2005.
3. Contact the Building Safety Regulator for higher-risk buildings, they can investigate and take action against failing accountable persons.
4. Seek legal advice if you are a leaseholder or tenant who is being charged for remediation or who is living in an unsafe building without remediation being carried out.

What about EWS1 forms and mortgage issues?

Some leaseholders have found it difficult to sell or remortgage flats in buildings requiring fire safety remediation because mortgage lenders want an EWS1 (External Wall System) form confirming the building has been assessed. If you are a leaseholder affected by this issue, the remediation and assessment process is underway for many buildings, the government has schemes to assist. Take advice from a solicitor specialising in leasehold matters.

When should I contact Support for Tenants?

We handle housing disrepair claims for tenants. If your flat in a high-rise block has disrepair (damp, heating failure, structural problems), call us, your rights to claim for disrepair are the same whether you are in a high-rise block or a low-rise property.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Building Safety Act 2022 (legislation.gov.uk)
• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)