If the structure of the building you live in isn’t safe

Check if this advice applies to you

This advice will apply to you if you:

• rent from a landlord and you don’t live with them

• own your home, but someone else owns the building and the land it’s built on - this means you’re a leaseholder

If you live with your landlord and you’re worried that the structure of your building isn’t safe, you should talk to an adviser.

If you think there’s a problem with the structure of your building, you have the right to report it. For example if you’re worried that the building, or parts of it, is in danger of collapsing.

Problems with the structural safety of your building can be:

• subsidence - this is when the ground beneath the building sinks and pulls the foundations down with it

• parts of the building falling off - for example bricks or cladding

• gaps between walls and floors

• cracks in the brick or crumbling concrete

You don’t need to show any evidence to report a structural problem.

If you’re buying a property, you should get a survey to check the structural safety of the building. If it’s a leasehold property, you should get a conveyancer to check what building safety costs there might be.

If you’re planning to rent in a block of flats, you could ask your landlord about the safety procedures. There’s no document that can confirm a building is structurally safe.

A problem with the structure of a building can sometimes put homes at risk of fire. If you’re renting, check what to do if you’re worried your home isn’t fire safe.

Check what the building owner has to do

Building owners must make sure the building they own is safe for all residents. They usually have to:

• fix and pay for certain problems with the safety of your building

• check the safety of the building regularly

• tell you about the safety of the building

If you’re a disabled person, you can ask the building owner whether they have an emergency evacuation plan for the building - or if they’re planning to have one.

You’re also responsible for keeping the building you live in safe. This applies to you even if you’re renting.

You shouldn’t behave in a way that puts your building in danger, for example:

• doing work that damages the structure of the building

• storing things in front of emergency exits

Giving access to your home

The building owner might need to come into your home to do maintenance checks of the building, investigate an issue or repair things.

If they do, they should give you ‘reasonable notice’. What’s reasonable depends on how serious the problem is.

Reporting problems with the structural safety of your building

How you report a problem with your building depends on whether you’re renting or you’re a leaseholder.

If your complaint is ignored

If the building owner or your landlord doesn’t do anything or says there’s no problem, there are things you can do.

Your options depend on whether you live in a high-rise building. A high-rise building usually has at least 7 floors or 18 metres.

Most high-rise buildings are registered with the government. You can check if your building is registered as a high-rise building on GOV.UK.

If you’re not sure whether your building is a high-rise, you can talk to an adviser.

If you’re worried your landlord will evict you

Your landlord can’t make you leave your home just because you complained about the structural safety of your building. They have to follow a proper eviction process if they want you to leave.

If your landlord tries to evict you because you reported a problem with the building, this is known as ‘retaliatory eviction’. This is more likely to happen if you rent from a private landlord.

You might be able to challenge a retaliatory eviction.

If your landlord tries to evict you or you’re worried about reporting a structural safety problem with your building, talk to an adviser.

If you’re a leaseholder and your service charge goes up

If you live in a building that has at least 5 floors or 11 metres, you shouldn’t have to pay for certain works to fix structural problems. For example, you shouldn’t have to pay for the removal or replacement of unsafe cladding.

The rules on whether you should pay for higher service charges for problems related to building safety are complex.

If you’ve been asked to pay a higher service charge, you should get specialist advice.

You can:

• contact Lease on their website - they’re an organisation that offers free advice for leaseholders

• check what leaseholders have to pay on GOV.UK

If you’ve already paid for building safety repair works, you might be able to claim that money back.

You can’t make a claim for payments you made more than 6 years ago.

You should contact Lease for specialist advice on their website.