Below, we look at provisions coming into force on 31 October 2024, and what they mean for freeholders, leaseholders and building managers.
The Leasehold and Freehold Reform Act 2024
Unlike the BSA, the Leasehold and Freehold Reform Act 2024 (“the LFRA”), was rushed through Parliament in May 2024, prior to the General Election. The LFRA contains provisions relating to areas such as updating enfranchisement, and banning new leasehold houses. The LFRA also amends the BSA, with certain provisions coming into force on 31 October 2024, thanks to the snappily named The Leasehold and Freehold Reform Act 2024 (Commencement No. 1) Regulations 2024.
On that date, sections 114, 115 and 116 of the LFRA will come into force, amending the BSA so that, in short:
1. Section 120 of the BSA is amended to change the definition of “relevant defects”, adding in the concept of “relevant steps”;
2. Section 123 of the BSA is amended to expand the scope of remediation orders, now allowing the Court to order a Landlord to take such ‘relevant steps’, and also allowing the Tribunal to order a Landlord to obtain an expert report; and
3. Section 124 of the BSA is amended to expand the scope of remediation contribution orders, to include such ‘relevant steps’.
Section 120 of the LFRA will also be amended accordingly.
What this means for you
If you are a freeholder, building manager, or leaseholder, this will change your obligations and remedies in relation to building safety for blocks of flats, widening the scope of landlord responsibilities.
The BSA remains a cumbersome and complex piece of legislation. If you are concerned about how you may be affected by these upcoming changes, we recommend speaking to a solicitor in the first instance.
The team at Hagen Wolf are able to guide you through the BSA and the LFRA, please contact us at hello@hagenwolf.co.uk, or on +44 (0) 330 320 1440.
