The exclusion of lease extensions from the qualification section of the Building Safety Act 2022 is soon to be addressed through an amendment to the Levelling-up and Regeneration Bill 2023. This is good news for residents of high-rise buildings who were hesitant to extend their leases due to concerns about losing the protections provided by the Building Safety Act.
Update, September 2026: The amendment reported here became law as section 243 of the Levelling-up and Regeneration Act 2023. It inserted a new section 119A into the Building Safety Act 2022, so a qualifying replacement lease, including a lease extension that meets its conditions, keeps its protection, and it is treated as in force from 28 June 2022. Find out more about extending your lease.
The unintended consequence of the use of wording within the qualification section of the Building Safety Act 2022 meant that leases which underwent the extension process were excluded from that qualification; this is something we reported on within following article: https://lease-advice-bureau.co.uk/does-the-building-safety-act-2022-impact-lease-extensions/
We are pleased to report that this error is soon to be addressed in the form of an amendment to the Levelling-up and Regeneration Bill 2023. Amendment #243 of this states that "A qualifying lease varied, or subject to any surrender and regrant, remains a qualifying lease", and that this will take effect retrospectively.
This is good news for those who live in high-rise buildings and were quite rightly holding off on extending their lease due to the concern of severing oneself from the receiving those protections afforded by the Building Safety Act, principally being safeguarded against costs that should be levied against the original developer for inherent building defects, as those covered by that legislation.
This article is general information, not legal advice. Accurate as at 28 September 2026.
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