A service charge demand can include ordinary building costs and work to fix a historic safety defect. If a demand includes cladding or other fire safety work, ask the managing agent to break down the bill. The Building Safety Act provides protections in England that can depend on the building, the lease and the type of work being charged.
Identify what the bill covers
Ask for a description of each item, the period it covers and the documents the landlord relied on to calculate your share. The distinction between fixing a cladding system and correcting another safety defect matters. Under Schedule 8 of the Building Safety Act 2022, a qualifying leaseholder cannot be charged a service charge for cladding remediation. Government guidance explains that different rules apply to other defects, including limits on some charges and circumstances in which the landlord must cover the cost.
If the demand also includes routine management or maintenance, keep those lines separate in your notes. A breakdown helps an adviser see which items raise a building safety question and which need to be checked against the lease in the usual way. Where the description is vague, ask which defect the proposed work addresses and whether the landlord has issued a certificate.
Gather the documents before responding
Keep the demand, your lease and any correspondence about inspections or remediation. Ask the managing agent what information it holds about the building and whether it has supplied the landlord’s certificate. If you have a leaseholder deed of certificate or papers from a previous owner, keep those together too. Government guidance explains what these documents do and how to use the official protections checker.
Write down any payment deadline and ask for advice promptly if you are unsure how to respond. An adviser can look at the wording of the demand and the status of the lease before you decide what to challenge. The amount alone tells you little about whether a particular charge is recoverable.
Sources
- [GOV.UK guidance on remediation costs](https://www.gov.uk/guidance/remediation-costs-what-leaseholders-do-and-do-not-have-to-pay)
- [Building Safety Act 2022, Schedule 8, paragraph 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8/paragraph/8)
- [GOV.UK leaseholder protections guidance](https://www.gov.uk/guidance/building-safety-leaseholder-protections-guidance-for-leaseholders)