Leaseholder protections: deed of certificate - frequently asked questions
This page answers some frequently asked questions relating to the leaseholder deed of certificate.
Applies to England
The deed of certificate is how you can demonstrate that you qualify for protections under the Building Safety Act. You can download the deed of certificate template (Word, 62KB) which sets out the information that you will need to include on it.
A table containing the information and evidence required to complete a leaseholder deed of certificate can be found on the mandatory information required from leaseholders and current landlords page.
Other information about the leaseholder protections can be found on the guidance for leaseholders page.
Frequently asked questions
How do I know if I need a deed of certificate?
A deed of certificate confirms whether you are eligible for the leaseholder protections. You can choose to complete and send a deed of certificate to your landlord at any time. You must complete a deed of certificate if your landlord notifies you that they require one, either because you are selling your property or there is a relevant defect in the building. If you do not complete it, you will not benefit from the protections for qualifying leases.
When your landlord requires a deed of certificate, they must notify you in writing by pre-paid first-class letter and by email, if they have your email address. They must give you at least 8 weeks to provide the certificate, and an additional 4 weeks if requested.
Can I provide a deed of certificate now?
Yes, you can: you do not need to wait to be asked. You can download the deed of certificate template (Word, 62KB). You will have to submit a hard copy to your landlord. Your landlord is defined as the person who is the landlord under a qualifying lease of that building.
What should I do with the certificate when I have filled it in?
A completed deed of certificate should be sent to your landlord. If they have requested the deed, they should have provided you with a return address. You will also need to pass the deed to future owners of your property through the conveyancing process.
Is there a time limit for providing a deed of certificate?
Your landlord must send leaseholders a request for a deed of certificate within 5 days of finding out either that you intend to sell your property, or that there is a relevant defect in the building. Once they have notified you, they must give you at least 8 weeks to provide the certificate, and an additional 4 weeks if you request it.
There is no time limit for providing a deed of certificate if you are doing it voluntarily, rather than in response to a request.
How much does it cost to complete the deed of certificate?
You cannot be charged to complete the deed of certificate by your landlord. You can complete it yourself without professional support. There is, however, a small charge to access the necessary HM Land Registry documents that are required as evidence.
How can I get an official copy of the register of title from HM Land Registry?
You can request an official copy of the title register directly from HM Land Registry by downloading and filling in an application for official copies of documents form. There is a small charge to purchase an official copy of the title register. An electronic version of the official copy of the register of title is acceptable, however, please note that until further notice all copies ordered using the OC1 form will be despatched in paper form.
See the guidance on HM Land Registry processing times.
I hold a lease jointly. Does each leaseholder need to complete a separate deed of certificate for the same property?
No. Each leaseholder should be named on page one of the same deed. Where there is more than one leaseholder, only one of them needs to sign the final page in order for the deed to have effect.
How do I know my landlord has accepted that my lease qualifies for the protections?
The deed of certificate does not need to be formally accepted by your landlord. You may wish to send the deed by recorded post, however, this is not mandatory. The landlord is not required to confirm receipt for the deed to have been executed. If your lease qualifies and you have completed and sent the certificate, then your landlord must treat your lease as qualifying for relevant protections.
You should keep copies of your deed of certificate for conveyancing purposes, for when your property is sold. This could be in the form of a digital copy or a hard copy.
Do I need to complete a deed of certificate if my developer has signed the building safety pledge?
Yes. If your developer has signed the building safety pledge, they have committed to fix life-critical fire-safety works in buildings over 11 metres that they have played a role in developing or refurbishing over the last 30 years in England. They should therefore pay for all relevant costs.
Your landlord is still required to ask you to complete a deed of certificate and you must do so if requested, or your landlord can treat your lease as non-qualifying for defects for which the developer is not responsible.
Completing the deed of certificate to demonstrate your qualifying status will ensure that you can be protected from all cladding remediation costs and capped costs for non-cladding defects and interim measures, not just those for which the developer is responsible.
My lease was granted by the trustees of a trust. How do I fill in the leaseholder deed of certificate?
In this case, the trustees will be the landlord. The leaseholder whose lease qualifies for the protections must fill in the leaseholder deed of certificate as if they were granted a lease from any other type of landlord.
My building has a private freeholder, but my landlord is a housing association who is also the head lessee. Who completes the leaseholder deed of certificate?
The leaseholder whose lease meets the qualifying criteria for the protections must complete the leaseholder deed of certificate. The head lessee or the freeholder cannot complete the leaseholder deed certificate as neither of these positions qualify for the leaseholder protections.
The landlord named under your lease is responsible for requesting and receiving the leaseholder deed of certificate. In this case, it would be the housing association.
What is a principal home?
Your principal home, if you own more than one property, is your main home - the one in which you spend the most time.
How do I demonstrate that a property was my principal home on 14 February 2022?
You must provide evidence with the certificate that a property was your principal home on 14 February 2022, if that is the basis of your qualifying status. This could be via a Council Tax bill, a utilities bill or a bank statement to demonstrate that you resided at the address.
If you do not qualify for the protections on the basis of the flat in question being your ‘principal home’, there is no need to provide evidence of that.
I bought my property directly from a developer and not on the open market. Is this still considered to be on the ‘open market’ for the purposes of the leaseholder deed of certificate?
This should be considered an open market sale on the basis that the developer was able to sell the lease to any eligible person and not solely to the actual purchaser.
Initial sales of shared ownership and some resales are restricted to people who qualify for the shared ownership scheme. Do these sales qualify as ‘open market’ sales?
Yes, these should be considered as ‘open market’ sales, as anyone who meets the relevant conditions can purchase a shared ownership lease.
My lease was purchased using the shared ownership scheme, but I have since increased my ownership (‘staircased’) to 100%. How should I fill in the deed?
If you had fully staircased to 100% ownership of your home on or before 14 February 2022, then you would indicate that ‘the dwelling was not owned under a shared ownership lease at the beginning of 14 February 2022’ as part of the ‘questions as to shared ownership leases’ section.
If you have fully staircased to 100% ownership of your home after 14 February 2022, you should include the size of the share that you owned as at 14 February 2022 as part of the ‘questions as to shared ownership leases’ section.
My lease was purchased using the shared ownership scheme, and I have since increased the size of my share through staircasing. Should I use the price when ‘last sold’ or the price adjusted for my increased share under the ‘questions on price when last sold’ section?
When answering questions on price, you should use the point at which you originally purchased a shared-ownership lease, as that is when it was ‘last sold on the open market’. This should cover the price of 100% of the property on the day the lease was purchased, not just the share you purchased at that time.
My lease was purchased using the shared ownership scheme. How do I provide evidence of the price paid at completion for the whole property?
If the register of title includes the purchase price paid for the shared ownership lease, the register of title alone will suffice as evidence. No additional evidence of the full price of the property is required as the full price can be calculated from the purchase price paid and share on the register of title. For example, if the price for a 25% share is £60,000, then the full price would be (60,000/25) x 100 = £240,000.
If the register of title does not include the purchase price paid, both the register of title and separate evidence of the purchase price paid of the shared ownership lease will be required. The purchase price and the size of the share will then be used to calculate the full price of the property as at 14 February 2022.
My lease was purchased using the shared ownership scheme. Can I produce the underlease as a copy of the shared ownership lease?
Yes, the shared ownership lease is the underlease.
My lease was purchased using the shared ownership scheme. I am not named in the lease as I bought the lease as a resale. How do I evidence the percentage share under the shared ownership lease as held on 14 February 2022?
Individuals who purchased the lease as a resale should have been issued a ‘notice of assignment’ which confirms that the person has indeed taken legal ownership of the lease, even if the original shared owner’s name remains on the lease. This notice of assignment would therefore constitute evidence. The lease will specify the size of share owned at the time of purchase.
What is the difference between a notice of assignment and notice of transfer?
A notice of assignment is provided to the landlord by the new leaseholder’s solicitor to confirm the change in ownership of the lease. It is sometimes referred to as a notice of transfer.
My lease was purchased under the shared ownership scheme. If I have increased the size of my share through staircasing before or on 14 February 2022, do I need to provide evidence of this increased share?
Yes, additional evidence of the increased share must be provided. This additional evidence could be in the form of a memorandum of staircasing.
Who is eligible to witness the deed of certificate?
The deed of certificate should be witnessed by an adult who is not a party to the deed. The witness should be no younger than 18, and should not be a signatory’s spouse, civil partner, cohabitee or a family member.
Does having a deed of certificate mean lenders will lend on my property?
Major lenders have agreed that they will lend where there is evidence of a qualifying lease certificate, providing the mortgage application meets individual lenders’ policy and regulatory requirements. See the statement from mortgage lenders and the Royal Institution of Chartered Surveyors.
Last updated 2 February 2024 + show all updates
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Updated the frequently asked questions.
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First published.