BuildingLeaseholder Safetyand Fund:resident Informationinformation foron leaseholdersthe andBuilding residentsSafety Fund

Getting information on your building’s application

OnlyThe thoseapplicant with(responsible aentity) legalshould responsibilitykeep forleaseholders and residents informed on the safetystatus of their building’s application. As a buildingminimum, canwe applyexpect them to provide regular updates at the BSF.following Theypoints include:in the process and at any time upon request:

• buildingdocumentation freeholderssubmitted
• headeligibility leaseholdersoutcome
• residentapplication managementsubmitted
• project companiesprocurement
• rightoutcome toof manageapplication
• commencement companiesof works
• registeredworks providerscompleted

We will also help to ensure leaseholders and residents receive information at every stage of socialthe housing,process. notablyThe housingBSF associationsLeaseholder and localResident authorities

TheseService individualsenables orpeople organisationsto are sometimescheck referredtheir building’s status in the application process; increasing transparency and helping individuals to asapply ‘responsiblepressure entities’on orthe applicants.applicant if action is needed.

AAccess responsiblethe entityService

If mayyou choosehave tonot appointreceived ayour managingunique agentbuilding code to make oraccess leadthe Service directly, contact the BSFapplicant application.(responsible Theentity). agentYou can actuse legallythe onfollowing theirMS behalfWord letter template.

We welcome emails from leaseholders and manageresidents who have problems getting updates from applicants. Email the applicationBuilding untilSafety workFund isat: complete.correspondence@levellingup.gov.uk.

WhyDealing thewith BSFthose changedwho infail 2022to progress applications

TheGovernment BSFis wascommitted firstto openedmaking insure 2020.that Thebuildings processare wasmade adapted,safe whenand itthat wasleaseholders reopenedare inprotected.

Responsible 2022,entities of buildings over 18 metres, with cladding, who do not already have clear plans to ensureaddress thatthese theissues levelmust ofact buildingand workget matchesan FRAEW to PAS 9980:2022 methodology ready to submit to the risk.Building Therefore,Safety Fund (BSF).

This will ensure applications can be handled in somegood cases,time, claddingreducing won’tdisruption necessarilyand needstress to beleaseholders removedand residents. They must inform and replaced.consult Whereleaseholders thisand isresidents throughout the case,process.

If thereyour building is lessalready disruptiongoing forthrough residents.the Theapplication safetyprocess ofbut residentsyou remainsfeel that insufficient progress is being made by the highestapplicant, priority.

2022please BSFemail: applications

AllUnder newthe applicationsBuilding needSafety Act, from July 2022, responsible authorities have legal powers to includecompel afreeholders specialistto report.remediate Wetheir callbuildings thisthrough aRemediation FireOrders Riskand Appraisalcover ofthe Externalcost Wallsthrough (FRAEW)Remediation assessment.Contribution TheOrders. Responsible report:authorities are those who can apply to the Tribunal for these orders, for example:

• describes the fireSecretary risksof associatedState
• the withbuilding anysafety externalregulator
• local claddingauthorities
• providesfire detailsand ofrescue anyauthorities, recommendedand
• (for workRemediation toConsent makeOrders theonly) buildinga safespecial measures manager.

TheTo BSFensure usesthat thethose informationwho inare theliable FRAEW to decidepay ifunder anleaseholder applicationprotections isactually eligibledo andso, whatthe workBuilding theySafety willAct fund.2022 Dependingincludes uponwhat theare firecalled risk,anti-avoidance thisand couldenforcement rangeprovisions. fromYou installingcan afind sprinklerout systemmore toin replacingthis allstep-by-step cladding.guide.

The BSFDepartment willfor fundLevelling allUp, workHousing recommendedand byCommunities thehas FRAEWalso set up a dedicated Recovery Strategy Unit to reducepursue firecompanies safetyand risksindividuals relatedthat fail to externaldo cladding.the right thing.

2020

Stronger BSFmeasures applications

Previous

• new applicants whopowers didn’tfor havethe fullSecretary fundingof approved,State orto thoserestrict whereirresponsible workdevelopers’ hadn’tability startedto hadbuild anew choicehomes
• expanding whenthe scope of the 2022Building BSFSafety wasLevy reopened.so Theyit couldcan either:
  • continuebe withcharged theon 2020any BSFnew process,development orrequiring building control approval
  • switchimproving building owners’ rights to thelaunch 2022legal BSFaction processagainst developers

  Where

  Who applicantspays chosefor to switch to the 2022remediation process,of theycladding neededon tohigh-rise commissionbuildings?

  In aJune FRAEW.2022, Thethe benefitSecretary of theState FRAEWwrote isto thatfreeholders itand alsomade coversclear issuesthat relatingthe todays externalof walls.leaseholders Thisbeing couldfaced potentiallywith includelarge itemsinvoices whichfor werebuilding previouslysafety ineligible,repairs suchare as balconies.over.

  Do leaseholders need to pay anything?

  IfThe youletter arereminds afreeholders that qualifying leaseholder,leaseholders younow arehave protectedprotections, in lawlaw, from costscosts; toand makethat yourthey buildingwill safe.be Thisacting includesillegally aif capthey attempt to thecircumvent amountthem. youThese mayprotections beinclude askedqualifying leaseholders not paying anything to contribute.remove dangerous cladding.

  You are a qualifying leaseholder if your property is in a building above 11 metres (or 5 storeys) and on 14 February 2022:

  • your property was your main home, or
  • you owned no more than three UK residential properties in totaltotal.

  YouThe canamount checkyou ifcan you’llbe haveasked to paycontribute to fixfixing other historical building safety problemsdefects withis yourfirmly buildingcapped. byVisit usingthe ourleaseholder buildingprotections safetypage costsfor eligibilitymore checker.information.

  Proving

  To help you areunderstand ayour qualifyingrights leaseholder

  Youand canwhether show you arequalify afor qualifyingthe leaseholderprotections, bythe completinggovernment has produced a Deednew ofLeaseholder CertificateProtections Checker. Youand detailed guidance for leaseholders. The Checker will needuse toinformation givefrom thisleaseholders to yourwork buildingout ownerthe somaximum thatamount they canmay calculatebe anycharged contributionunder youthe neednew toprotections make,in ifthe any.

  DeveloperBuilding remediationSafety contract

  Act.

  ManyWhere large developers have signed the developerprotections remediationappy, contract.leaseholders Thisneed meansto theycomplete haveand agreedsubmit to:

  • takea responsibilityleaseholder forDeed workof Certificate to fixtheir firebuilding safetyowner problemswho inwill buildingsconfirm if they have developedto overpay theany lastmoney 30or years
  • keepnot.

    How is government helping leaseholders and residents informedwith aboutissues workwith togetting fixmortgages?

    Government theirhas building

  • reimbursetaken costsaction incurredto byresolve buildinglending ownerschallenges andthat prevent many leaseholders toin fixflats theirfrom buildings
  • reimburseselling anyand governmentmoving fundingon.

    On received20 throughDecember 2022, UK Finance, the Building SafetySocieties Fund

  ThereAssociation is(BSA) separateand informationthe aboutRoyal theInstitution developerof remediationChartered contractSurveyors (RICS) issued a joint statement. This includesclarifies athat listfrom ofMonday developers9 whoJanuary have2023, signed6 themortgage contractlenders sowill far.

  Developerlend remediationon andproperties BSFimpacted applications

  by building safety issues.

  The actionlargest tomortgage belenders: takenBarclays, byHSBC, aLloyds developerBanking willGroup, dependNationwide, onNatWest theand stageSantander anhave applicationconfirmed hasthat reachedthey will lend on buildings in theEngland BSF11m+ process.in height that:

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  • where goleaseholders aheadare undercovered by the BSFleaseholder process.protections Theas originalevidenced buildingby developera mustLeaseholder thenDeed reimburseof anyCertificate.

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  What way,is yourthe buildingdeveloper ownerremediation shouldcontract?

  Last keepyear, you49 informed.of Theythe shouldlargest telldevelopers yousigned ifthe abuilding developersafety remediationrepairs contractpledge hascommitting beento signedfix andlife-critical whatfire thissafety meansdefects forin yourresidential building.

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  Thein Buildingheight Safetywhich Fundthey Leaseholderdeveloped andor Residentrefurbished Servicein -England GOV.UKover (www.gov.uk)the provideslast regular30 updatesyears.

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  BuildingOn owners14 shouldMarch also2023, keepthe yougovernment informed.published Asa partlist of thedevelopers BSFand applicationhouse processbuilders theywho have asigned dutythe todeveloper provideremediation youcontract. withOn regular30 updates.January They2023, shouldthe eithergovernment dopublished thisthe developer themselvesremediation orcontract throughand theirexpected managingmost agent.

  Dealingmajor withdevelopers those who fail to progresssign. applications

  The persondeveloper orremediation organisationcontract responsibleturns forthe yourpledge buildingcommitments hasinto a legalmore dutydetailed, tolegally keepbinding yourdocument.

  For buildingmore safe.information Thison includesthe ensuringdeveloper thereremediation arecontract planssee inour placeresident tofactsheet.

  Where fixdevelopers firetake safetyover issuesresponsibility infor theworks building.to Ifaddress alife-critical planfire-safety isdefects noton buildings already in place,the BSF process, they mustmust:

  • take completeforward full cladding remediation works or all works recommended by a FRAEWFire andRisk submitAppraisal thisof withExternal theirWalls application(FRAEW), carried out according to the BuildingPAS Safety9980:2022 Fundmethodology. (BSF).

    IfFor more information visit the personLEASE orwebsite.

  • reimburse organisationall responsiblecosts forincurred yourby buildingBSF doesapplicants notand act,relevant theyleaseholders canin bedeveloping forcedthe to.remediation Theproject; Buildingand
  • for Safetyprojects Actwhich 2022have includescompleted legala powerstender tofor makethe buildingworks ownersunder takethe action.
    BSF process, meet the current estimated completion date.

  RemediationWhere ordersbuildings andremain remediationin contributionthe ordersBSF, arethe availabledeveloper for:must reimburse the department once works have been completed where:

  • localBSF authorities
  • firefunding has been agreed and rescuea authoritiescontract signed; and
  • (in some cases) where BSF funding has been agreed but the Buildingcontract Safetyhas Regulatornot been signed.

  If BSF funding has been agreed but the Secretarycontract ofhas State

not been signed, the developer has a choice:
• anyagree person with athe legaldepartment orthat fairthe interestbuilding should continue to be remediated in the building,BSF includingprocess leaseholdersand reimburse the department; or
• remediate the building themselves.

SeeEither also:way, makingthe suredeveloper remediationhas workto is done.pay.

Getting

BSF aapplicants, mortgage or sellingtheir yourofficial homemanaging ifagents, itmust haskeep ayou fireinformed safetyabout problem

remediation plans and works for your building, giving you regular information.

SomeIf mortgageyour lendersbuilding’s havedeveloper has agreed to lendtake onresponsibility high-risefor buildingsworks, withor firereimburse safetythe problemsBSF asin longfull, as:the BSF applicant should notify you.

• safety

  If issuesyour arebuilding’s beingdeveloper fixedtakes byover theresponsibility developerfor orworks, throughunder athe government-fundedcontract, scheme,they suchare asalso theencouraged Buildingto Safetyprovide Fund,updates or

• theand leaseholdermay hasprovide ayou Leaseholderwith Deedcontact ofdetails Certificate

Mortgageso lendersthat whoquestions haveor agreedconcerns toabout lendthe include:works can be raised.

• Barclays
• HSBC
• Lloyds

  Independent Bankinginformation Group

• Nationwide
• NatWest
• Santander
and support

IfTo help you needunderstand proofsome thatof safetythe issueswords areand beingterms fixedused youin shouldthe speakBuilding toSafety theFund personplease orsee organisationour responsibleBuilding forSafety yourFund: building.Glossary Theyof shouldterms.

If alsoyou beare ablea toleaseholder commissionor aresident newconcerned EWS1about whenunsafe workcladding isin complete.your Thisbuilding, formyou iscan sometimesget requestedfree byinitial aspecialist lenderadvice toabout provideyour assurancerights thatfrom athe buildingLeasehold isAdvisory safe.Service (LEASE).

SeeMore also:information mortgageabout lendingLEASE, including how to contact them, is on buildingsthe LEASE website, along with historicthe firelatest defectsfrequently asked questions on the Building Safety Fund.

IndependentCladding supportSafety andScheme advice(CSS)

The LeaseholdCladding AdvisorySafety ServiceScheme (LEASE)(CSS) provideopened independentin specialistfull advicein July 2023 to deliver all future government building safety funding applications on leaseholderbuildings rights.between They11-18 canmetres supportin youEngland ifand younew havefunding anyapplications concernsfor aboutbuildings unsafeover cladding.

Leasehold18 Advisorymetres Serviceoutside (lease-advice.org)of London, where a responsible developer cannot be identified, traced, or held responsible.

BuildingThe SafetyCSS Fund:shares Glossarythe objectives of termsthe BSF: to remediate or mitigate life-safety fire defects on external wall systems where unsafe cladding is present. Leaseholders and residents wanting information on their building which is in the CSS should read the Cladding Safety Scheme guidance for further information.