Building Safety Bill — Before Clause 117 — Meaning of “Relevant Building” — Exclusion of Short Buildings from Leaseholder Protection Scheme — 20 Apr 2022 at 15:30

The majority of MPs voted not to protect leaseholders in buildings with fewer than 5 stories or which are under 11 meters tall from being charged for legally required works where there are other possible sources of funding such as grants or warranty/insurance claims.

MPs were considering the Building Safety Bill.^[1][2][3]

The amendment supported by a majority of MPs in this vote was:

• Amendment (a) proposed to Lords amendment 94

Lords amendment 94 stated^[5]:

• Insert the following new Clause—
• “Meaning of “relevant building”
• (1) This section applies for the purposes of sections (Meaning of “qualifying lease”) to (Meeting remediation costs of insolvent landlord) and Schedule (Remediation costs under qualifying leases).
• (2) “Relevant building” means a self-contained building, or self-contained part of a building, in England that contains at least two dwellings.
• (3) For the purposes of this section a building is “self-contained” if it is structurally detached.
• (4) For the purposes of this section a part of a building is “self-contained” if—
• (a) the part constitutes a vertical division of the building,
• (b) the structure of the building is such that the part could be redeveloped independently of the remainder of the building, and
• (c) the relevant services provided for occupiers of that part—
• (i) are provided independently of the relevant services provided for occupiers of the remainder of the building, or
• (ii) could be so provided without involving the carrying out of any works likely to result in a significant interruption in the provision of any such services for occupiers of the remainder of the building.
• (5) In subsection (4) “relevant services” means services provided by means of pipes, cables or other fixed installations.

The amendment was part of a set of amendments which related to Part 5 of the Bill, clause 117 of which requires, in respect of legally required works, landlords to obtain any grant available, to obtain any contribution due by third parties such as insurers or warranty providers, and any other funding, prior to passing any costs on to leaseholders^[2][3]

Amendment (a) to Lords amendment 94 which was supported by the majority of MPs in this vote stated^[4]:

• Line 6, at end insert “and—
• (a) is at least 11 metres high, or
• (b) has at least 5 storeys.
• This is subject to subsection (2A).
• (2A) “Relevant building” does not include a self-contained building or self- contained part of a building—
• (a) in relation to which a right under Part 1 of the Landlord and Tenant Act 1987 (tenants’ right of first refusal) or Part 3 of that Act (compulsory acquisition by tenants of landlord’s interest) has been exercised,
• (b) in relation to which the right to collective enfranchisement (within the meaning of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993) has been exercised,
• (c) if the freehold estate in the building or part of the building is leaseholder owned (within the meaning of regulations made by the Secretary of State), or
• (d) which is on commonold land.”

This sought to limit the definition of "relevant building" to those at least 11 meters high or with 5 or more storeys.

The motion supported by the majority of MPs in this vote was:

• That the amendment be made.

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• [1] Parliament's webpage on the Building Safety Bill, Parliament.uk
• [2] Building Safety Bill, as brought from the Commons, 20 January 2022, Parliament.uk
• [3] Explanatory notes to the Building Safety Bill, 20 January 2022, Parliament.uk
• [4] Amendment paper for consideration of the Building Safety Bill on 20 April 2022, Parliament.uk
• [5] Lords amendments to the Building Safety Bill, 5 April 2022, Parliament.uk
• [6] Explanatory notes to the Lords amendments to the Building Safety Bill, 7 April 2022, Parliament.uk

Debate in Parliament |