It commits to revising the guidance as and when it becomes aware of further changes
The Conveyancing Association (CA) has released an updated version of its guidance document for conveyancing firms, specifically addressing The Building Safety Act and Building Safety (Leaseholder Protection) (England) Regulations 2022.
Leaseholder protections outline the need for a Leaseholder Deed of Certificate and Landlord Certificate, applicable to buildings with a minimum height of 11 metres, or five storeys. Meanwhile, the regulatory framework is directed at buildings exceeding 18 metres with a special role for the Buildings Safety Regulator.
The primary objective of the CA guidance, the trade body said, is to give conveyancing firms comprehensive insights into the current contents of the Act and Building Safety Regulations, along with guidance on pertinent considerations.
The latest iteration features updates in the frequently asked questions (FAQs) and answers section. Additionally, a set of questions has been incorporated to guide conveyancing firms when handling cases involving relevant buildings.
These considerations cover diverse areas, including defining a relevant building, determining height and number of storeys, identifying relevant defects, qualifying leaseholders, exceptions for leaseholder-owned buildings, Leaseholder Deed of Certificate, evidence requirements, leaseholder protection, and potential responsibilities shared among the developer, landlord, superior landlord, or the leaseholders.
Conveyancing firms interested in accessing the guidance can obtain a copy on the CA website.
“The first iteration of this guidance was published in April 2023 and, at the time, we made a commitment to update it as and when required,” Beth Rudolf (pictured), director of delivery at the Conveyancing Association, stated. “This new version now includes an update to the FAQs, specifically around what happens if a lease is extended after February 14, 2022, and we wanted to make sure conveyancers were clear on this.
“We continue to recognise the ongoing complexity of the Building Safety Act, the Building Safety Regulations and Fire Safety Regulations, and it continues to be something of a work in progress. In that sense, the guidance is very much designed to give conveyancing firms a steer in the right direction, but they clearly need to work through each individual case to ascertain how and why it might fit within the legislation, and the advice that they provide to their client as a result of this work.”
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