New Leasehold And Freehold Reform Act Regulations Amend Part 5 Of The Building Safety Act 2022

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The Leasehold and Freehold Reform Act 2024 enacts amendments to the Building Safety Act, expanding tribunals' powers and cost coverage for building defect remediation, effective 31 October 2024.

United Kingdom Real Estate and Construction

On 7 October 2024, the Government made the Leasehold and Freehold Reform Act 2024 (Commencement No 1) Regulations 2024 (SI 2024/1018) ('the Regulations'). The Regulations bring certain sections of the Leasehold and Freehold Reform Act 2024 ('LAFRA 2024') into force.

On 31 October 2024, the following provisions of LAFRA 2024 will come into force:

Section 114 of LAFRA 2024 amends section 120 of the Building Safety Act 2022 ('BSA 2022') by adding a definition of "relevant steps" in relation to remediating "relevant defects". The amendment means that the cost of taking relevant steps can be included within a remediation contribution order;
Section 115 of LAFRA 2024 amends section 123 of the BSA 2022 to allow the First-tier Tribunal ('FTT') to order the production of an expert report and to provide that a landlord may be required to take steps to mitigate a defect (in addition to remediating the defect) under a remediation order;
Section 116 of LAFRA 2024 adds a new subsection (2A) to section 124 of the BSA 2022. This new subsection extends the costs that can be subject to a remediation contribution order to include costs in taking "relevant steps", obtaining expert reports and temporary accommodation costs;
Section 120 of LAFRA 2024 relates to the interpretation of references to other Acts.

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