You will, no doubt, be aware of the Grenfell Tower fire in 2017. Since then, the Government has taken steps to make properties safer through new legislation such as the Fire Safety Act 2021 and the Building Safety Act 2022. This is a complex area of law which is rapidly evolving.

Always remember that your safety and the protection of your investment are paramount so if you have any doubts or questions regarding building safety or fire risk, we strongly recommend you seek professional advice from a qualified surveyor or fire safety engineer.

When purchasing a property in a high-rise block, it is essential to know the following:

1. Is the property you are buying in a safe building?

The Fire Safety Act 2021 requires all buildings which contain more than one dwelling to have a fire risk assessment (FRA), to help identify any potential fire risks and how these may be mitigated. As part of our legal enquiries, and among other questions, we will:

• request a copy of the FRA,
• request a copy of any external wall fire risk assessment (EWS1 form),
• ask for confirmation whether the Property has been, or will be, remediated under the Building Safety Act 2022,
• ask for confirmation that any recommendation within the FRA have been complied with,
• check your searches for evidence of any outstanding enforcement notices relating to building safety.

If anything of concern is highlighted, we will always let you know. However, you must always remember that our advice is limited to the legal title.

2. What measures are in place to maintain building safety and who is responsible for what?

The new fire safety regulations state that ‘the person with control of the building’, which is usually the Landlord, must ASSESS, MANAGE and REDUCE fire risk, and PROVIDE INFORMATION to residents on fire safety instructions and the use of fire safety doors.

If the building is over 11 meters in height, the responsible person must carry out checks of the fire doors (quarterly) and flat entrance doors (annually). In addition, if the building is over 18 meters in height, the responsible person must also provide the local fire service with building plans and details of any external wall systems and undertake regular checks of any firefighting equipment. Buildings over 18 meters in height will also need to be registered with the newly created Building Safety Regulator.

3. Will you be responsible for building safety works?

If the Property you are purchasing is in a building UNDER 5 STOREYS OR 11 METERS TALL, then any contributions towards safety works will be governed by the service charge provisions within the Lease.

If the Property you are purchasing is in a building AT LEAST 5 STOREYS OR 11 METERS TALL, then you may be protected from all costs relating to the remediation of unsafe cladding, and may benefit from capped costs in respect of non-cladding safety works if you can demonstrate that you have a ‘qualifying lease’ which means that it had been granted before 14 February 2022, that the property had been the owner’s main home on that date, or the owner at that time had owned no more than three properties in the UK. To ascertain this, as part of our legal enquiries, we will ask for copies of any executed Leaseholder Deed of Certificate and confirmation that they have been submitted by the relevant leaseholder to the landlord. This will provide evidence that the lease is a ‘qualifying lease’ and may afford you the protections under the new fire safety regulations.

If the Property you are purchasing is in a building LEAST 7 STOREYS OR 18 METRES TALL, then the building may be eligible for a grant under the Government’s Building Safety Fund for the removal of unsafe cladding.

Where can you find more information?

Law Society’s ‘Building Safety for Flat Buyers’ guide – Law Society.

The Leasehold Advisory Service’s guides of fire safety – Leasehold Advisory Service

The Government guidance on Fire and Building Safety – Government Guide