Buying or selling a high-rise flat is often far more complicated than dealing with a traditional house or low-rise apartment. In recent years, changes to building safety legislation have introduced additional legal requirements that can affect both the conveyancing process and the ability to obtain mortgage finance.
If you are involved in the sale or purchase of a high-rise flat, it is important to understand why these transactions can take longer and require more detailed legal investigations.
What Is a High-Rise Flat?
For many conveyancing purposes, a high-rise residential building is one that is at least 11 metres tall or has five or more storeys. Buildings that meet this definition may fall within the scope of the Building Safety Act 2022, which introduced new obligations for landlords, leaseholders and conveyancers.
Building Safety Investigations
Following the Grenfell Tower tragedy, building safety has become one of the most important aspects of high-rise conveyancing. Solicitors must now carry out additional enquiries to establish whether a building complies with current safety requirements.
This may include reviewing External Wall System (EWS1) assessments where appropriate, checking whether the building complies with the Building Safety Act 2022, identifying whether fire safety remediation works have been completed or remain outstanding, and confirming whether leaseholders benefit from statutory protections against historical remediation costs.
Where documentation is missing, unavailable or remediation works are ongoing, transactions can be delayed while further information is obtained.
Leasehold Considerations
Most high-rise flats are leasehold properties, meaning the conveyancing process already involves additional legal checks compared with a freehold transaction. The introduction of building safety legislation has added further complexity.
Your conveyancer will usually need to investigate service charge accounts, planned major works, the responsibilities of the freeholder and managing agents, and the long-term maintenance arrangements for the building.
Particular attention will be given to any proposed fire safety improvements and how these may affect leaseholders financially.
These enquiries are important because they can impact the value of the property and whether a mortgage lender is willing to proceed.
Mortgage Lender Requirements
Mortgage lenders have become increasingly cautious when lending on high-rise flats, particularly where there are outstanding building safety concerns.
Your conveyancer may need to confirm that:
- The building meets the lender’s requirements.
- Any necessary fire safety documentation is available.
- The lease contains provisions acceptable to the lender.
- Any Building Safety Act requirements have been properly addressed.
If these requirements cannot be satisfied, mortgage offers may be delayed or withdrawn, even late in the conveyancing process.
Leaseholder Deeds of Certificate and Landlord Certificates
The Building Safety Act introduced additional documentation designed to determine whether leaseholders qualify for protection from certain building remediation costs.
Depending on the circumstances, a leaseholder may need to provide a Leaseholder Deed of Certificate, while the building owner may be required to provide a Landlord Certificate.
Your conveyancer will assist with obtaining, reviewing and dealing with these documents to ensure they are correctly completed and served.
Why High-Rise Flat Conveyancing Takes Longer
High-rise flat transactions often involve more parties, more documentation and more detailed investigations than standard property transactions.
Delays can arise due to:
- Waiting for information from managing agents.
- Reviewing building safety documentation.
- Resolving lender enquiries.
- Investigating planned remediation works.
- Obtaining certificates required under the Building Safety Act.
Because of the additional work involved, conveyancing fees for high-rise flats may be higher than for more straightforward transactions.
Why Specialist Conveyancing Advice Matters
High-rise flat conveyancing requires a detailed understanding of leasehold law, building safety legislation and mortgage lender requirements.
Choosing a conveyancer with experience in this area can help identify potential issues at an early stage, minimise delays and ensure you understand any risks before proceeding.
If you are buying or selling a high-rise flat or require advice on a property affected by the Building Safety Act 2022, the conveyancing team at Lewis Nedas Law can provide guidance throughout the process.