Following amendments implemented in July 2024, the Leasehold and Freehold Reform Act has now introduced further significant changes to the Building Safety Act 2022. The amendments include a new definition of relevant steps, which sits alongside the definition of relevant defect at section 120 of the legislation.
Relevant steps is defined as steps which have as their purpose:
We considered the definition of relevant defects in our guide to landlord certificates under the Building Safety Act 2022 and our article on service charge recovery and the Building Safety Act 2022: what do landlords need to consider. While the definition of relevant defect remains the same, the introduction of relevant steps makes it clear that preventative measures to mitigate the effects of relevant defects, which could potentially include the introduction of alarm or sprinkler systems, will be subject to the same service charge regime (and potential recovery limitations) as the costs associated with remedying a relevant defect.
Other provisions require landlords to contribute to costs arising from relevant steps when remediation contribution orders are made.
This amendment to the Building Safety Act is part of the ongoing development of the obligations of landlords of relevant buildings. There is currently limited guidance on what is/is not a relevant defect and while the introduction of relevant steps provides some clarity concerning preventative measures, there is still uncertainty pending judicial guidance or further regulations issued by the Secretary of State. For more information, please contact the property disputes team.
