Before Exchange, Before Risk: Building Safety Questions for a Leasehold Purchase in 2026

Why building safety belongs at the start of the purchase

A leasehold flat purchase is rarely simply a question of price, mortgage and title. Where the building is higher-risk, the legal and financial consequences of building safety can be substantial, and they can outlast the excitement of completion by many years. For a buyer in 2026, the practical task is not to become an expert in the Building Safety Act 2022. It is to ensure that the right questions are asked, the right documents are obtained and the answers are tested before exchange binds the purchase.

The Building Safety Act introduced a more demanding regime for higher-risk buildings. Broadly, these are buildings of at least 18 metres in height or at least seven storeys, containing at least two residential units. The Building Safety Regulator, the principal accountable person and the safety case all form part of the landscape. A buyer does not need to memorise the statutory architecture, but their solicitor and surveyor should be alive to it.

Exchange is the point of no return in ordinary conveyancing. Once contracts are exchanged, the buyer is committed. Remediation costs, service-charge liabilities and disputes about who should pay for what are far harder to address after that point. Building safety due diligence is therefore best treated as a pre-exchange discipline, not a post-completion concern.

Start with the building, not just the flat

A standard leasehold enquiry pack may not tell the whole story. Before exchange, the buyer should establish whether the building is a higher-risk building and, if so, who is responsible for building safety. The principal accountable person is central to that question. So is the identity of the accountable person for the common parts and the arrangements for resident engagement.

Ask for the building’s registration details with the Building Safety Regulator. Ask whether a safety case report has been prepared and whether it is available in whole or in summary. A buyer should not expect to receive every technical document, but they should expect a clear explanation of the building’s safety position and the governance behind it.

The phrase ‘golden thread’ is sometimes used loosely. In practice, the buyer wants to know that information about the building is maintained, that fire risk assessments are current and that remedial actions are tracked. A vague assurance that ‘everything is in hand’ is not the same as a dated schedule of works with named responsibility.

The landlord certificate and the leaseholder protections

For relevant buildings, the leaseholder protections introduced by the Building Safety Act depend on certificates. A landlord certificate is generally required in connection with the leaseholder protections, and a leaseholder deed of certificate may also be relevant. The buyer’s solicitor should confirm the position for the specific lease and building, including whether the lease is a qualifying lease.

The certificate is not a mere formality. It can affect who bears the cost of remediation and whether certain building safety costs can be recovered through the service charge. If a certificate is missing, incomplete or inconsistent with other information in the pack, that should be resolved before exchange. A buyer should be wary of completing on the basis that the certificate will ‘follow later’.

Ask whether any previous certificate has been superseded. Ask whether the landlord has identified any defects or remediation obligations and how those obligations are to be funded. If the landlord relies on a developer remediation contract or a government scheme, ask for the relevant details and timing. A promise of future funding is only useful if it is documented and credible.

Remediation: timetable, responsibility and evidence

Where remediation is underway or proposed, the buyer needs more than a headline. They need a timetable, a scope of works and an indication of responsibility. Which party is liable for the work? Is the landlord, the developer, a contractor or a government scheme funding it? Has any warranty or guarantee been given? Are there outstanding fire risk assessment actions?

A buyer should also ask what has already been done. Has the building been assessed for cladding, insulation or other fire safety matters? Has an EWS1 form been requested by a lender, even if it is not a statutory requirement? Lenders may impose their own requirements, and a mortgage offer can be withdrawn if those requirements are not met.

The absence of a clear remediation plan is a red flag. So is a plan that depends on uncertain future funding, unexplained delays or works that are described only in general terms. A buyer should not assume that a landlord’s assurances to the managing agent will be enough to protect them after completion.

Service charges: read the history and the forecast

Building safety costs can sit within the service charge, whether for fire safety measures, building safety management or remediation contributions. The buyer should review several years of service-charge accounts, current demands and the reserve fund position. Ask whether there are any proposed or pending section 20 consultations for major works.

Look for unusual items. Has the reserve fund been depleted? Are there arrears? Has the landlord disclosed anticipated building safety expenditure? Are there any caps, exclusions or limitations in the lease that affect what can be charged? The lease terms matter here, and they should be read alongside the certificates and accounts.

A buyer should also ask how the service charge is apportioned and whether there are different arrangements for different parts of the building. Where the building contains commercial units, shared facilities or complex common parts, the scope for unexpected cost can increase. The point is not to assume the worst, but to understand the allocation of risk before exchange.

The checklist before exchange

Before contracts are exchanged, a buyer and their advisers should be able to answer the following questions: Is the building a higher-risk building? Who is the principal accountable person? Is the building registered with the Building Safety Regulator? Has a safety case been prepared? Is a landlord certificate available and consistent with the lease? Is the lease a qualifying lease? What remediation is outstanding, who is funding it and by when? Are there current or proposed section 20 consultations? What does the service-charge history show? Does the lender require an EWS1 form or other evidence? Are there any enforcement notices or fire safety actions outstanding?

If any answer is unclear, the buyer should ask for clarification in writing. If the response remains vague, the buyer should consider whether to proceed, renegotiate or withdraw. That is a commercial decision, but it should be an informed one.

A purchase made with eyes open

Building safety is now part of the fabric of leasehold conveyancing in 2026. It cannot be reduced to a single certificate or a tick-box enquiry. A buyer who asks the right questions before exchange is better placed to understand the condition of the building, the allocation of remediation costs and the future burden of service charges. That is not a guarantee against every risk, but it is a sound basis for a decision made with clear guidance rather than after-the-event discovery.

This article provides general guidance only. A buyer should obtain specific legal and surveying advice on the lease, building and proposed purchase before exchange.