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Guidance on the amendments to Leaseholder Protections and the new Certificates Regime

A summary of the key changes to the leaseholder protections and the certificates regime, brough about by The Building Safety (Leaseholder Protections etc) (England) (Amendments) Regulations 2023.

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Since the leaseholder protections came into force on 28th June 2022, agents who manage relevant buildings have been getting to grips with the protections and the certificates regime. 

Draft amendment regulations were laid before Parliament on 12th June 2023, and those amendment regulations have now been made and came into force on 5th August 2023 as the Building Safety (Leaseholder Protections etc) (England) (Amendments) Regulations 2023.

These regulations make changes to the leaseholder protections and certificates regime, so agents dealing with these matters need to be aware of the changes made.

The headline amendments relate to:

  1. Interested persons for remediation orders

  2. Interested persons for remediation contribution orders

  3. Additional “trigger” when landlord’s certificate must be provided

  4. New form of landlord’s certificate

  5. Copy of landlord’s certificate to be provided to any named manager, RMC or RTM company

  6. Copy of leaseholder deed of certificate to be provided to any named manager, RMC or RTM company

  7. Changes to the information and evidence to accompany the landlord’s certificate in certain scenarios