Definition of ‘relevant defect’
Use this guidance to help you understand what ‘relevant defect’ means under the Building Safety Act 2022.
Applies to England
Use this guidance to help you understand what ‘relevant defect’ means under the Building Safety Act 2022.
This guidance is not legal advice. It summarises how the law works in general and may not cover every situation. The Building Safety Act 2022 and related regulations are the authoritative sources. You should read the full leaseholder protections guidance to understand whether the protections apply to you.
A relevant defect is one of the building safety problems covered by leaseholder protections.
Where the protections apply, they may limit how much some leaseholders have to pay towards certain costs to fix relevant defects, depending on the circumstances.
Whether leaseholder protections apply depends on your circumstances and on whether you have a qualifying lease in a relevant building, as set out in the wider guidance.
Meaning of ‘relevant defect’ in law
For a defect in a building to be a relevant defect under the Building Safety Act 2022, it must meet all these conditions:
1) It creates a building safety risk
The defect must put people’s safety at risk from:
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the spread of fire, or
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structural collapse (of the building or any part of it)
2) It arose from building work or linked professional services
The defect must have arisen from work done to the building. This includes:
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substandard building work (something done or not done)
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the use of inappropriate or defective products (something used or not used)
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professional services connected to the work (for example, designs or specifications from an architect)
3) It was created in the ‘relevant period’
The defect must date from the 30-year period ending on 27 June 2022 (that is, 28 June 1992 to 27 June 2022).
4) It must relate to ‘relevant works’
The defect must relate to at least one of the following types of work:
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the initial construction of the building
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the conversion of a non-residential building into a residential building
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other works carried out or commissioned by - or on behalf of - the building owner or a management company
Work done to fix a relevant defect
Work done before or after 28 June 2022 to fix a relevant defect is also covered by the leaseholder protections (for example, remediation work carried out later to put right a defect created during the relevant period).
What is not covered
A relevant defect is about historical building safety problems that create a fire or structural safety risk.
It does not include things like:
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wear and tear
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routine maintenance
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defects caused solely by lack of upkeep over time
What this means for leaseholders
If you have a qualifying lease in a relevant building, and there is a relevant defect in your building, the leaseholder protections may apply. If they apply, some costs of fixing that defect may be paid for by others or may be limited by caps, depending on your circumstances and the terms of your lease.
If you have paid towards fixing relevant defects (including cladding and non-cladding defects) or interim measures since 28 June 2017, those payments may count towards any leaseholder caps that apply.
If a defect does not meet the definition of a relevant defect, the leaseholder protections do not apply. You may be asked to contribute to costs, depending on the terms of your lease and the rules that apply in your case.
Examples
These examples are illustrative only. Whether something is a relevant defect will depend on the facts and evidence for the building.
Example 1: unsafe cladding (fire risk)
A flammable cladding system was installed in 2005. It could speed up the spread of fire.
This is a relevant defect because it creates a fire safety risk and was created within the relevant period.
Example 2: defective foundations (structural risk)
A block of flats was built in 1995 with defective foundations. There is now a risk of structural collapse.
This is a relevant defect because it creates a structural safety risk and was created within the relevant period.
Get help
If you need more help, you can:
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read the wider guidance on leaseholder protections (including qualifying leases and relevant buildings)
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contact the Ministry of Housing, Communities and Local Government using: Contact the Ministry of Housing, Communities and Local Government