A major shift was felt in the building world following the implementation of the Building Safety Act 2022, with a particular focus on tenant safety. A significant implication of the legislation was the introduction of landlord certificates to ensure properties continue to abide by the highest safety standards. In this Building Safety Act Landlord Certificate Guide, we’ll share details of the Act itself, what landlord certificates entail, and the steps you need to take to comply with this critical legislation. 

Overview of the Building Safety Act 2022

The Act was designed to promptly address the horrendous issues that were unveiled following the Grenfell Tower tragedy. It aims to improve building safety standards and protect occupants through stringent safety measures as well as greater accountability for everyone involved in the management of a building’s lifecycle. The main focus is on high-rise and multi-purpose properties, ensuring safety from the design and construction phase through to its daily maintenance and even its eventual demolition. 

It also created a new regulation body – the Building Safety Regulator, which has the authority to enforce the requirements of the Act, carry out regular inspections, and ensure building owners and landlords are managing safety correctly. Key stakeholders are now required to comprehensively document everything from significant decisions to renovations, keeping detailed maintenance logs to ensure all actions are transparent and can be easily traced. 

For more information on the Building Safety Act, see the government’s information page, or read our post outlining the key components of the Act.

Understanding landlord certificates

One of the most important elements of the Act is the Landlord Certificate, which is an official document that validates that a building is compliant with the safety regulations, protecting both the tenants and the owners themselves. 

What is a landlord certificate?

It effectively is a formal document that confirms compliance and is designed to provide reassurance that the property is safe to live in and is up-to-date with the latest requirements. 

Why are they important?

There are several reasons that landlord certificates are crucial. Firstly, they’re formal evidence that the building has been inspected and passed its assessment. They also give tenants confidence and peace of mind that their accommodation and living environment is safe and well maintained. Furthermore, it helps ensure they have a landlord who prioritises their wellbeing. Lastly, it adds an extra layer of accountability. Under the Act, landlords are legally bound to have and maintain these certificates with the threat of legal and financial penalties if they don’t adhere to them. 

What information is in a landlord certificate?

Landlord certificates contain the key building details, including the address, type of building, and any key identifiers of the property. It includes the safety measures in place such as fire alarms, emergency lighting, sprinklers and fire doors. Lastly, it states if the building complies with the latest building standards and that necessary upgrades or repairs have been finalised. This information must be up-to-date and failure to do so can lead to serious repercussions. 

What are the steps to obtain a landlord certificate?

The first step to obtaining a landlord certificate is to arrange a comprehensive safety assessment of the building in question. This usually involves reaching out and hiring a certified inspector or safety assessor who has particular knowledge and skills in building safety regulations. They will look at the existing safety measures in place regarding what’s mandated within the Act, and create a list of missed areas if applicable. You should ensure the property is in good condition before having the assessment, including checking for fire safety equipment and other essential safety features in advance. 

After the inspection, you’ll need access to the report produced by the professional to see if it meets the requirements of the Act, and then prepare all of the documentation for the property. Any modifications and upgrades to safety equipment will need to be housed within these documents as well as the evidence for all of your maintenance routines. The next step is filling out the application form for a landlord certificate, which can usually be found on the Building Safety Regulators website or your local council site. You may have to pay a fee per application, so you should look into this before applying. 

Having a general idea of the timeline for obtaining the certificate is also useful. The initial processing time for the application can take several weeks, depending on the workload of the governing body. Once approved, the certificate will be issued and will take a few weeks to arrive. Depending on the type of property, it will need to be renewed every few years, but you should keep an eye on the document’s expiry date to ensure it doesn’t lapse.

Compliance and enforcement

There are significant consequences for failing to comply with the Act’s specific regulations, and there are several key responsibilities landlords need to keep on top of to avoid these. Landlords are responsible for renewing their certificates when needed – this information can be found on the local regulator’s website. Any changes to the property, like renovations, extensions, and upgrades, must be updated in the document. Regular inspections must take place to identify any new or existing hazards, and they must be quickly fixed for the safety of the tenants. Random spot checks and audits might also be issued either from the BSR or local authority; they offer both guidance as well as enforcement of the law. 

There are a range of penalties issued if landlords fail to comply with the regulation. The most common penalty is a fine, and the severity of the risk to tenant safety determines it. If the case is a serious issue of non-compliance or negligence, legal action is the next step, where landlords need to take corrective action or receive additional punishments. Tenants have the right to end their agreements early if the property is deemed unsafe and the landlord fails to abide by the law. In extreme scenarios, if there is a significant risk to tenant health and safety, the BSR can enforce building closure until the safety measures are in place. 

What are the implications for building safety and tenant protection?

Landlord certificates provide a great deal of reassurance and confidence in the safety of buildings. The process of obtaining them involves detailed preparation work, documentation, and periodic renewal, and so tenants are offered comfort and trust between them and their landlords. Transparency means they have extra peace of mind knowing their safety and security is a top priority. It also holds landlords accountable for prioritising the safety of their properties.

Summary and final thoughts

Landlord certificates are a key aspect of the mandates protecting tenants under the Building Safety Act 2022. Through thorough inspections, documentation, and compliance, the process improves trust between tenant and landlord and ensures a safer and more secure living environment. For more information on landlord certificates or for advice tailored to your building or properties, speak to one of our expert team today.