Jurisdiction(s):
United Kingdom

Schedule 8 BSA 2022: Leaseholder service charge protections for remediation—exemptions, caps and annual limits (England)

Published by a LexisNexis Property Disputes expert

Practice notes

This Practice Note outlines the service charge exemptions—where no, or limited, sums are payable—covering remediation of ‘relevant defects’ for certain leaseholders in specified situations under Schedule 8 to the Building Safety Act 2022 (BSA 2022). Save for one exception, the protections in Schedule 8 apply only to ‘qualifying leases’ of premises. For further guidance on the meaning of ‘qualifying lease’ and other defined expressions in Schedule 8, including ‘relevant building’, ‘relevant measure’ and ‘relevant defect’, see: Practice Note: Building Safety Act 2022—landlord and tenant issues — Remediation of historic defects—definitions and Q&A: How do the conditions relating to a ‘qualifying lease’ under section 119(2)(d) of the Building Safety Act 2022 operate?

Circumstance and amount of service charge payable Type of lease Reference Further detail

No service charge is due for a relevant measure addressing any relevant defect where a relevant landlord caused the defect or was linked with the responsible party.
Type of lease: Any lease (including non-residential leases in England).
Reference: BSA 2022, Sch 8, para 2; Building Safety (Leaseholder Protections etc) (England) (Amendment) Regulations 2023, SI 2023/895, reg 12; Building Safety (Leaseholder Protections) (England).

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Web page updated on 21/05/2026

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