This information should not be relied upon as legal or professional advice. Read the disclaimer.

The Building Safety Act 2022 (BSA) and other legislation have changed how historic fire safety defects, including some types of cladding on buildings, are dealt with in England.  

This article explains how and why buildings under 11 metres in height are treated differently to buildings over 11 metres in height and what leaseholders can do if they have concerns. 

Building height  

Building height is relevant when managing fire safety defects. Buildings in these categories may be treated differently when assessing fire safety and paying for works:  

  • buildings that are 18 metres and higher or have at least seven storeys 
  • buildings that are 11 metres and higher or have at least five storeys 
  • buildings under 11 metres 

Over 18 metres 

The BSA introduced the concept of ‘higher-risk’ buildings. These are buildings that: 

  • are at least 18 metres in height or have at least seven storeys, and 
  • contain at least two residential units (such as flats). 

Fire safety and building works in higher-risk buildings are regulated more stringently. For further information, see the Commons Library research briefing Building regulations and safety. 

Over 11 metres 

The BSA introduced leaseholder protections to help avoid the costs of fixing certain fire and structural safety defects (remediation) being passed on to qualifying leaseholders. These protections apply to buildings that: 

  • are at least 11 metres in height or have at least five storeys, 
  • contain at least two dwellings, and 
  • are not a leaseholder-owned buildings. 

The BSA also introduced remediation orders and remediation contribution orders, which can be used by the First-tier Tribunal (Property Chamber) to compel building owners to fix their buildings and make landlords, freeholders or developers pay to fix safety defects in buildings over 11 metres. 

Over 50 developers have signed a developer remediation contract, committing them to fix fire safety defects in buildings over 11 metres that they developed or refurbished between April 1992 and April 2022.  

Under 11 metres 

The BSA’s leaseholder protections do not apply to buildings below 11 metres in height and the developer remediation contract does not apply to them. Remediation orders and remediation contribution orders cannot be used for buildings under 11 metres. 

In addition, the Building Safety Fund (BSF) and the Cladding Safety Scheme (CCS), which offer government funding, are for buildings over 11 metres or buildings over 18 metres.  

Leaseholders could therefore be held liable for all or part of the costs associated with remediating fire safety defects, such as cladding.  

For buildings below 11 metres that require cladding remediation and have no alternative source of funding, the government has announced that funding will be made available. More detail is provided below. 

Why are buildings under 11 metres treated differently? 

The previous government’s position was that there is no systemic fire safety issue in buildings under 11 metres. In 2022, it said that it had examined specific buildings under 11 metres and found that “in the overwhelming majority of cases it has subsequently been confirmed that they do not require remediation”. 

The current government has maintained this position, stating in September 2024 that “the risk to life is usually lower in buildings under 11 metres, and they are very unlikely to need the same costly remediation”.  

The government has investigated all under 11 metre buildings brought to its attention since 2022. It said that the “vast majority” had not required cladding remediation works and “lower-cost mitigation measures” had often addressed fire risks instead.  

Do any buildings under 11 metres need fire safety works? 

It will depend on the building. 

Under The Regulatory Reform (Fire Safety) Order 2005, a “responsible person” is required to carry out fire risk assessments and put in place measures to address fire risks that they identify. Since 2022, this risk assessment duty has included assessing the structure and external walls of the building, including cladding, balconies and windows. 

As part of the fire risk assessment, the responsible person might decide that fire safety defects such as cladding need to be fixed.  

For further information on the Fire Safety Order, see the Commons Library research briefing Fire safety in houses and flats. 

What can leaseholders do if they have concerns? 

Check their lease 

Leaseholders should check their lease to identify what costs they may have to pay toward fire safety cladding remediation work. 

Check who is responsible for paying for fire safety works 

Government guidance on cladding and other fire safety works says for buildings under 11 metres where work is being proposed:  

  • Residents should check with their building owner whether this work is based on the correct standard (a fire risk assessment including a fire risk appraisal of external walls to PAS 9980:2022 standards)
  • The work could be paid for in other ways, such as new-build home warranties (if the building is under 10 years old). 

In September 2025, the government said that “if remediation is required in buildings under 11 metres in height, the responsibility should rest with building owners”, who “should not pass these costs on to leaseholders but should seek to recover costs from those who were responsible for building unsafe homes”. 

Contact Homes England  

In July 2025 the government said that it “will provide funding in those exceptional cases where multi-occupied residential buildings under 11 metres have life-critical fire safety risks from cladding and do not have an alternative route to funding”. 

Homes England will provide this funding on behalf of the Ministry of Housing, Communities and Local Government (MHCLG). Further details on how to access this funding are not yet available. In the meantime, leaseholders and residents can contact Homes England via the ‘Tell Us’ tool to report concerns about cladding. 

Seek legal advice 

Leaseholders may wish to seek advice from a suitably qualified professional on their specific circumstances. The government-funded Leasehold Advisory Service (LEASE) provides free, summary legal advice to help leaseholders decide what to do next. 

The Commons Library research briefing Legal help: where to go and how to pay offers information on where to seek legal help or advice. 

What else is the government planning to do?  

The government aims to accelerate cladding remediation works, because “there are far too many residential buildings today still with unsafe cladding and the speed with which this is being addressed is far too slow”. 

The government is also going to introduce new legislation through a Remediation Bill, “as soon as parliamentary time allows”. This will compel landlords to remediate buildings within a fixed timescale or face criminal prosecution. There is currently no further information on whether the bill would include buildings under 11 metres. 

Further information 

MHCLG guidance:  

LEASE, Fire Safety 

Commons Library research briefings: 

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