Definition of ‘relevant building’
The leaseholder protections in the Building Safety Act 2022 only apply to “relevant buildings.” This guidance explains what is meant by that term.
Applies to England
Use this guidance to help you understand what ‘relevant building’ means under the Building Safety Act 2022.
The leaseholder protections only apply to relevant buildings. This definition is used in the legal rules about who pays to fix building safety defects.
Meaning of ‘relevant building’ in law
For a building to be a relevant building under the Building Safety Act 2022, it must meet all these conditions:
1. The building is either:
- 11 metres or taller, or
- has 5 storeys or more (whichever is reached first)
2. It has at least 2 dwellings
3. It is not leaseholder-owned (see ‘Leaseholder-owned buildings’).
Self-contained buildings and self-contained parts of buildings
A relevant building can be:
- a self-contained building, or
- a self-contained part of a building
A self-contained building is a detached building.
A self-contained part of a building means a part that meets the legal definition in the Act, including where it:
- could be redeveloped independently of the rest of the building
- constitutes a vertical division of the building, and
- provides relevant services (for example, water or electricity) for occupiers of that part independent of the relevant services provided for occupiers of the remainder of the building, or
- could provide relevant services to a part of the building without causing significant interruption in the supply of services for occupiers of the remainder of the building
Example of a self-contained building and self-contained part of a building.
Figure 1: Example of a self-contained building and self-contained part of a building.
Description: This figure shows a site with more than one part of a building. One part is a detached block, shown as a self-contained building. Another part is shown within a larger connected structure, marked out with a clear boundary to show it is a self-contained part. The self-contained part has its own footprint and could be redeveloped independently of the rest of the structure.
Leaseholder-owned buildings
Leaseholder-owned buildings are not relevant buildings under the Act. This is because there is no separate building owner to pass costs on to under leaseholder protections.
Leaseholder-owned buildings can include:
- commonhold buildings
- collectively enfranchised buildings, where some or all qualifying leaseholders have bought the freehold
- buildings where leaseholders own the freehold directly (including through a company) and there is no separate freeholder
- other circumstances where the freehold is owned 100% by one or more leaseholders
Commonhold buildings are not relevant buildings for the purposes of the leaseholder protections. Each unit-holder is entitled to be a member of the commonhold association, which owns the freehold of the structure and common parts. There is no separate building owner to whom costs can be passed. See the definition of ‘building owner’ in What are my building owner’s legal obligations?)
How to determine building height
Figure demonstrating how to measure building height.
Figure 2: Figure demonstrating how to measure building height.
Description: This figure shows a building on sloping ground. A vertical measurement line runs from the ground level on the lowest side of the building up to the floor level of the top storey. The diagram notes that floors below ground level are not included. It also shows that rooftop plant areas are excluded, and that if the highest level contains only plant or machinery, it is not counted as the top storey, so the measurement is taken to the storey below.
Building height is measured:
- from ground level to the floor of the top storey
- from the ground level on the lowest side of the building if the ground is not level
Building height:
- does not include any floors below ground level
- does not include roof-top plant areas
If the top floor contains machinery or plant only, it does not count as the top storey. In this case, measure the height to the floor of the storey below the plant or machinery storey.
How to count storeys
When deciding whether a building has 5 or more storeys for the purposes of the Act:
- only storeys at ground level or above count
- storeys below ground level (for example basements) do not count
- the ground floor counts as the first storey
Example
A building with an underground car park, a ground floor and a first floor is a 2-storey building, not a 3-storey building.
Mezzanine floors only count as a storey if their floor area is at least half the floor area of the largest storey in the building.
What this means for leaseholders
If you live in a building that:
- is under 11 metres tall, but
- has 5 or more storeys, and
- contains at least 2 dwellings
it can still be a relevant building, so the leaseholder protections may apply (if the other tests are met).
If you live in a mixed-use building (for example with commercial space as well as homes), the leaseholder protections only apply if there are 2 or more dwellings in the building.
Being in a relevant building is only one part of the leaseholder protections. Your lease and the problem being fixed must also meet the legal tests (for example, whether you have a qualifying lease, and whether the problem is a relevant defect).
If your building was built after 28 June 2022, your lease will not qualify for the protections. This is because the protections only apply to defects created within the ‘relevant period’ set out in the law (see Definition of ‘relevant defect’).
Related guidance
Definition of ‘relevant defect’
Building safety leaseholder protections: guidance for leaseholders
What are my building owner’s legal obligations?
Get help
If you need more help, contact the Ministry of Housing, Communities and Local Government.