BSA Adds D.49 Building Safety Checks for Leasehold Flat Purchases

The Building Societies Association has added a new building safety provision, D.49, to its Mortgage Instructions. For purchases within its scope, conveyancers must request information about remediation, landlord certificates and leaseholder deeds of certificate from the seller’s conveyancer.

Separately, an announcement confirms plans to host the BSA Mortgage Instructions on the UK Finance Mortgage Lenders’ Handbook website by the end of 2026. Until that change takes place, conveyancers should continue using the existing BSA Mortgage Instructions.

These developments require different responses: D.49 calls for a review of relevant leasehold purchase procedures, while the hosting announcement calls for firms to monitor forthcoming access and transition arrangements.

Which transactions does D.49 cover?

The new provision expressly applies to purchases of leasehold flats in England situated in a “relevant building” under the Building Safety Act 2022.

It also directs conveyancers to the lender’s Specific Requirements for requirements concerning purchases and remortgages.

That distinction matters. D.49 should not be described as applying to every leasehold flat, every jurisdiction or every remortgage. Equally, a transaction outside its express scope may still be subject to other building safety obligations or lender requirements.

First establish which instructions govern the mortgage. Membership of the BSA does not, by itself, establish that a lender instructs conveyancers under the BSA Mortgage Instructions.

Check whether the flat is in a relevant building

The statutory definition concerns a self-contained building, or self-contained part of a building, in England containing at least two dwellings and meeting the height or storey threshold: at least 11 metres or at least five storeys, subject to the statutory exclusions.

Use the government’s guidance on the definition of a relevant building when considering the applicable criteria, measurement rules and exclusions.

Do not substitute the separate “higher-risk building” test. Nor does establishing that a building is a relevant building establish that every lease within it qualifies for every statutory protection.

Record the information supporting the conclusion and obtain appropriate clarification where the building’s status is uncertain.

What must be requested from the seller’s conveyancer?

Where D.49 applies, the conveyancer must request the following information about the building:

Required enquiry	What to request
Remediation	Confirmation whether the building has been or will be remediated under the Building Safety Act 2022.
Landlord certificates	Copies of any Landlord’s Certificates signed by the landlord in the prescribed form under the Building Safety (Leaseholder Protections) (England) Regulations 2022.
Leaseholder certification	Copies of any executed Leaseholder Deed of Certificate in the prescribed form, together with confirmation that the relevant leaseholder submitted it to the landlord.

The reference to submission is important. Possessing a signed copy does not, by itself, answer whether it was submitted to the landlord.

The wording also refers to “any” certificates. An unanswered enquiry, a statement that no certificate exists and receipt of an executed document are different outcomes. The file should identify the position and address its implications under the applicable law and lender instructions.

Requesting the documents is the beginning of the assessment

A document collection exercise will not necessarily resolve the legal or lending questions.

Consider whether the replies and documents are consistent with the property, lease, parties and remediation information. Investigate material gaps or contradictions and establish whether further information or a lender referral is required.

For example, confirmation that remediation is planned may leave questions about the proposed work, funding, timing and potential leaseholder liabilities. Confirmation that work is complete may still leave outstanding documentation or other recommended work.

Those are matters for appropriate investigation. They are not additional requirements expressly stated in the three D.49 bullet points.

Our article on selling a flat after cladding remediation explains why completed work does not always resolve the paperwork and lending issues.

A landlord certificate is not an EWS1 or fire risk assessment

The documents serve different purposes. An EWS1, a fire risk assessment, a landlord certificate and a leaseholder deed of certificate should not be treated as interchangeable.

Obtaining one does not automatically answer the questions addressed by another. Conveyancers should establish what evidence is required for the particular transaction rather than assume that a general statement that the building is “signed off” resolves every issue.

Our building safety guidance for conveyancers considers the distinction between the applicable regimes, certificates and lender instructions.

Read D.49 alongside the lender’s Specific Requirements

The BSA framework comprises core instructions and lender-specific requirements. Reviewing the new core provision does not remove the need to examine the individual lender’s instructions, mortgage offer and case-specific correspondence.

D.49 also expressly tells conveyancers to consider implications for section C.5. That cross-reference should be addressed against the current text of C.5 and the facts of the transaction.

If a material issue remains unresolved, identify the relevant instruction and obtain any necessary clarification or decision before proceeding. A response confirming receipt of information should not be mistaken for approval.

Our article Two Documents, One Transaction explains why published lending criteria, mortgage instructions and the offer need to be considered carefully together.

What should the buyer be told?

D.49 invites conveyancers to consider guidance from their professional body or regulator about information and advice for the home-buyer.

Lender compliance and client advice are connected, but they are not identical tasks. The buyer needs an explanation of the relevant findings, unresolved issues and the limits of the advice being provided.

Depending on the circumstances, that may include explaining the significance of the certificates, the remediation position and any need for specialist technical or financial advice.

A lender’s willingness to proceed should not be presented as a guarantee that the building is free from defects or that the leaseholder will never face building-related expenditure.

For existing owners whose sale or remortgage is now affected, When I Bought’s building safety and cladding guide considers why the documents and advice from the original purchase may be relevant. A difficulty arising now does not, by itself, establish that earlier advice was inadequate.

BSA Mortgage Instructions will move to the UK Finance website

The separate announcement states that the BSA Mortgage Instructions content will be hosted on the UK Finance Mortgage Lenders’ Handbook website by the end of 2026.

Users of the BSA instructions will access them through that website. Existing users of the UK Finance Handbook will continue accessing its content through the same website.

The announcement says that further details, including timings and any actions required, will follow. Until the changes take place, firms should continue using the existing BSA Mortgage Instructions.

The hosting announcement should not be treated as evidence that the two sets of instructions have been merged or that every lender will adopt the same requirements. Continue identifying the instructions applicable to the particular mortgage.

What should conveyancing firms do now?

1. Check the applicable instructions: identify whether the lender uses the BSA framework.
2. Review affected purchases: establish whether D.49 applies to the flat and building.
3. Update enquiries: include the remediation and certification requests where required.
4. Track the responses: distinguish documents received from unresolved enquiries and missing confirmation of submission.
5. Review the whole instruction set: consider the lender’s Specific Requirements, C.5, the offer and case-specific instructions.
6. Explain the findings: provide appropriate advice to the buyer and identify any need for specialist input.
7. Monitor the website transition: update access arrangements and internal links once the implementation details are confirmed.

Keep a dated record of the instructions considered

When reviewing an earlier purchase, today’s wording does not establish what the conveyancer was instructed to do at the time. The relevant historical instructions, mortgage offer and correspondence need to be examined.

For current matters, retain an appropriate dated record of the instructions reviewed and material lender communications. A change in website location should not leave the file without evidence of the requirements considered.

Lexsure’s BSA Mortgage Instructions archive dates back to launch

Lexsure states that it is the only company holding a complete archive of the BSA Mortgage Instructions since their launch on 1 January 2010. This historical record matters when investigating what a conveyancer was required to do on an earlier transaction.

The addition of D.49 illustrates why dates matter. Today’s wording should not be applied retrospectively without checking the instructions in force at the relevant time. Equally, the absence of that particular provision from an earlier version would not, by itself, establish that no other legal or professional obligations applied.

The planned move to the UK Finance website concerns access to the instructions. The separate historical question remains: what did the applicable instructions require when the transaction took place?

For assistance with historical BSA mortgage instructions, contact the Lexsure Lender Archive. Consider the dated instructions alongside the mortgage offer, lender correspondence, conveyancing file and advice given.

This article considers the supplied D.49 wording and announcement about future website hosting. Always check the complete current instructions, the lender’s Specific Requirements and any case-specific directions.