Leaseholder Deed of Certificate: What It Is and When a Flat Sale Asks for It

A leaseholder deed of certificate is a signed statement from a flat owner about their circumstances, used under the Building Safety Act 2022 to decide how far they are protected from the cost of putting right historic building safety defects. If you own a flat in a taller building in England and you are selling, the landlord may ask for it, and the buyer's solicitor and lender usually ask to see the landlord's certificate that follows.

Checked 20 October 2026.

Which buildings

The rules apply to buildings in England that are at least 11 metres high or at least five storeys, with at least two homes. The height test can catch a building with fewer than five storeys. Lease Advice, the government-funded leasehold advice service, publishes guidance on the landlord and leaseholder certificates. The detailed law is in Schedule 8 of the Building Safety Act 2022 and the regulations made under it.

What the two certificates are

• The leaseholder deed of certificate is signed by you, the leaseholder. It states the facts that decide whether your lease counts as a "qualifying lease", such as whether, on 14 February 2022, the flat was your main home or how many homes you owned in the UK.
• The landlord's certificate is the landlord's reply. It sets out what, if anything, the landlord may recover from leaseholders for historic building safety defects, and what it may not.

Together they tell a buyer how much of the cost of any building safety remediation could fall to the flat they are buying.

When it is asked for

When you tell the landlord you are selling, it must give you its landlord's certificate, within a set time. If you have not given a leaseholder deed of certificate, the landlord can treat your lease as not protected. A leaseholder can also send a deed at any time. The exact time limits are in the regulations and they are tight, so tell us as soon as you decide to sell. Keep a copy of anything the landlord or managing agent sends you.

What happens on a sale

1. You tell us your flat is in a covered building.
2. We ask the landlord or managing agent whether a deed of certificate has been requested, and complete it with you for signing.
3. The landlord replies with its certificate, which goes with the sale papers to the buyer's solicitor and lender.
4. Any building safety remediation works in the building are raised in the buyer's enquiries, and we answer from the documents.

If you are buying, we ask for both certificates and check what they say about the flat. Our guide to buying a leasehold flat covers the rest of the leasehold checks.

What it costs

Dealing with Building Safety Act is £500 + VAT (£600 including VAT), charged on a sale or purchase of a flat in a building of five or more storeys (or over 11 metres), in England. It sits on top of our normal fee. On a £350,000 leasehold sale with a mortgage to repay, our fee is £885 + VAT without it. Our selling fees guide lists each line.

The landlord or managing agent may charge for its certificate, and sets its own price.

Questions people ask

What is a leaseholder deed of certificate?

It is a signed statement by a flat owner about their circumstances, used to decide whether they are a qualifying leaseholder under the Building Safety Act 2022.

Does every flat need one?

No. The protections apply to buildings in England that are at least 11 metres high or at least five storeys, with at least two homes.

Who asks for it?

You give it to your landlord when you sell. The buyer's solicitor and lender ask to see the landlord's certificate.

Can I sell without it?

The buyer's solicitor and lender need the landlord's certificate for a covered building. The deed is yours: without it, the landlord can treat your lease as not protected. Start early.

Next steps

Our selling a house page explains how we run a sale. If your flat is in a covered building, read our guide to the management pack, and see what has changed in leasehold reform. For an exact figure, get a quote for your sale.

Sources

Our fees: our fee scale, checked 20 October 2026. Published ranges: our fees page.

Law: Building Safety Act 2022, Schedule 8, and the regulations made under it. Guidance: Lease Advice. Checked 20 October 2026.

This is general information, not advice on your lease or your building. The rules on who is protected are detailed, so check the position that applies when you sell or buy.