Section 20 Consultation and the Building Safety Act: What Building Managers Need to Know

TL;DR: If your higher-risk building needs safety works under the Building Safety Act, you almost certainly need to run a Section 20 consultation before you can recover the costs through the service charge. The BSA does not override Section 20. This means building managers must navigate two regulatory regimes simultaneously: the safety obligations that demand action and the consultation rules that require process. Getting this right protects both your residents and your ability to recover costs.

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#Section 20 Consultation: The Basics

Before examining how Section 20 interacts with the Building Safety Act, it is worth establishing what Section 20 requires in its own right.

Section 20 of the Landlord and Tenant Act 1985 requires landlords to consult leaseholders before carrying out qualifying works costing more than £250 per leaseholder, or entering into qualifying long-term agreements.

— Landlord and Tenant Act 1985, s.20

Section 20 of the Landlord and Tenant Act 1985 (as substituted by the Commonhold and Leasehold Reform Act 2002) limits a landlord's ability to pass costs to leaseholders through the service charge unless the landlord has first consulted those leaseholders. The detailed consultation process is set out in the Service Charges (Consultation Requirements) (England) Regulations 2003 (SI 2003/1987).

There are two types of cost that trigger consultation:

If you plan to carry out works or enter into an agreement that exceeds these thresholds, you must follow the prescribed consultation process. If you do not, your ability to recover costs through the service charge is capped at the threshold amount.

This applies regardless of why the works are needed. Whether the work is routine maintenance, a major refurbishment, or safety remediation required by the Building Safety Act -- if it exceeds the threshold, you must consult.

#The Three-Stage Consultation Process

The full Section 20 consultation for qualifying works follows three stages, each with specific notice requirements and response periods.

#Stage 1: Notice of Intention

You must serve a written notice on every leaseholder (and any recognised tenants' association):

• Describe the proposed works in general terms
• State why the works are considered necessary
• Invite written observations within a period of not less than 30 days
• Invite leaseholders to nominate contractors they would like you to obtain estimates from

You must have regard to any observations received and obtain estimates from at least one nominated contractor (if any are nominated and they are suitable).

#Stage 2: Statement of Estimates

After obtaining at least two estimates (including any from nominated contractors):

• Provide a statement of the estimates to all leaseholders
• Summarise any observations received at Stage 1 and your response to them
• Invite further written observations within a period of not less than 30 days

#Stage 3: Notification of Award

Within 21 days of entering into the contract:

• Notify leaseholders of the contract entered into and the reasons for choosing that contractor
• Summarise any Stage 2 observations and your response to them

The full process typically takes 8 to 12 weeks at minimum, assuming no complications. In practice, it often takes longer.

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#Where Section 20 Meets the Building Safety Act

This is where things get challenging for building managers. The Building Safety Act creates urgent safety obligations. Section 20 creates mandatory consultation timelines. The two can collide.

Building safety remediation works — fire door replacements, cladding remediation, compartmentation repairs — are qualifying works that trigger Section 20 consultation requirements if the cost exceeds £250 per leaseholder.

#A scenario to illustrate the tension

Your fire risk assessment reveals that your 14-storey building needs 200,000 pounds of remedial work: replacement of defective fire doors on six floors, fire stopping remediation in service risers, and upgrades to the smoke ventilation system. Under section 84 of the Building Safety Act, you must take "all reasonable steps" to address these risks. Under Section 20, you cannot simply commission the works and pass the cost to leaseholders. You must consult first.

With 50 leaseholders in the building, the per-leaseholder cost is 4,000 pounds -- well above the 250-pound threshold. The full consultation process will take 10-12 weeks. During those weeks, the building has defective fire doors and compromised fire stopping.

This is not a hypothetical edge case. It is the daily reality for building managers of higher-risk buildings across England.

#The BSA does not exempt safety works from Section 20

The Building Safety Act 2022 did not amend Section 20 of the Landlord and Tenant Act 1985. There is no exemption for works required by the Building Safety Regulator, no fast-track consultation process for safety remediation, and no override that allows costs to be recovered without consultation.

This means you must plan for the consultation timeline alongside your safety obligations. Treating them as sequential -- "first fix the safety issue, then worry about costs" -- puts you at risk of either:

1. Under-recovering costs -- if you proceed without consultation, your recovery is capped at 250 pounds per leaseholder
2. Delayed remediation -- if you wait for the full consultation to complete before starting any work

#Practical approaches to managing the tension

Start the Section 20 process as early as possible. As soon as a fire risk assessment or building safety review identifies works that will exceed the threshold, begin Stage 1. Do not wait for final specifications or fixed quotes -- the Stage 1 notice requires only a general description of the proposed works and the reasons they are necessary.

Implement interim measures during consultation. If the full remediation will take months, put temporary safety measures in place. For defective fire doors, this might mean increased inspection frequency, temporary fire door closers, or additional fire safety patrols. Document these interim measures as evidence that you are taking "all reasonable steps" while the consultation runs.

Consider applying for dispensation for genuinely urgent elements. Under section 20ZA of the Landlord and Tenant Act 1985, you can apply to the First-tier Tribunal (Property Chamber) for dispensation from some or all of the consultation requirements. The tribunal considers:

• Whether the circumstances make full consultation impractical
• Whether leaseholders have been materially prejudiced by the lack of consultation
• The urgency and nature of the works

A tribunal is more likely to grant dispensation where you can demonstrate genuine safety risk, documented interim measures, and efforts to inform leaseholders informally even if you could not follow the formal process.

Separate urgent from non-urgent works. If your 200,000-pound remediation includes 30,000 pounds of urgent fire stopping work and 170,000 pounds of fire door replacements that can be phased, consider treating them as separate qualifying works. Apply for dispensation on the urgent fire stopping while running the full consultation for the fire door programme.

#The Compliance and Finance Combined Challenge

This is the reality that most building managers struggle with: building safety compliance generates costs, and those costs trigger financial compliance obligations. You cannot manage one without managing the other.

Under Section 20B of the Landlord and Tenant Act 1985, costs must be demanded from leaseholders within 18 months of being incurred, or the right to recover them may be lost entirely.

— Landlord and Tenant Act 1985, s.20B

A building that completes all its safety works but cannot recover the costs because it failed to consult properly has a financial problem. A building that runs a perfect Section 20 consultation but delays safety works for months while it does so has a compliance problem. Neither is acceptable.

What effective management looks like:

1. Integrated planning -- when a safety action is identified, immediately assess whether it triggers Section 20 consultation. Build the consultation timeline into your remediation plan from day one
2. Documented decision-making -- record why works are necessary (referencing specific fire risk assessment actions, BSR notices, or safety case requirements), what the estimated costs are, and how the consultation timeline maps to the safety timeline
3. Financial tracking alongside compliance tracking -- know the status of every safety action and the status of every associated cost recovery process. A completed fire door replacement with no service charge recovery mechanism is only half done

This is where building managers find spreadsheets break down. Tracking 40 fire risk assessment actions across their safety status, contractor progress, Section 20 consultation stage, and service charge recovery in a single spreadsheet is error-prone and unsustainable. Purpose-built compliance platforms that connect safety obligations to financial workflows exist for this reason. Brocade links compliance tracking with service charge management, so you can see both sides of every safety action in one place.

See how Brocade connects compliance and finance

#Dispensation: When and How to Apply

Dispensation under section 20ZA is not a shortcut. It is a formal application to the First-tier Tribunal (Property Chamber) asking to be relieved of some or all consultation requirements. Understanding when to apply -- and how to strengthen your application -- is important.

#When dispensation is appropriate

• Genuine emergency: A structural defect or fire safety failure that requires immediate works to prevent danger to residents
• BSR enforcement action: The BSR has issued a compliance notice with a deadline that makes full consultation impractical
• Seasonal or contractor constraints: Specific remediation works (such as external wall repairs) can only be done in certain weather windows, and the consultation timeline would push the works into an unsuitable period

#How to strengthen your application

1. Document the urgency with specific evidence: fire risk assessment findings, BSR notices, structural engineer reports
2. Show what informal consultation you did -- even if you could not follow the formal process, you wrote to leaseholders, held an information meeting, or provided a summary of the works and costs
3. Demonstrate no prejudice -- explain how leaseholders' interests were protected despite the lack of formal consultation. Were costs reasonable? Were competitive quotes obtained? Were leaseholders informed?
4. Apply promptly -- do not carry out the works, wait six months, and then apply retrospectively. The tribunal looks more favourably on timely applications

#What dispensation does not do

Dispensation relieves you from the consultation process. It does not mean leaseholders must pay unreasonable costs. Service charge costs must still be "reasonably incurred" under section 19 of the Landlord and Tenant Act 1985. Leaseholders can still challenge the reasonableness of costs at the tribunal even after dispensation is granted.

#Common Mistakes to Avoid

#1. Assuming BSA urgency overrides Section 20

It does not. No matter how urgent the safety works, the Section 20 consultation requirement applies unless you obtain dispensation. Proceeding without consultation or dispensation caps your recovery at 250 pounds per leaseholder.

#2. Treating the consultation as a formality

Leaseholders have genuine rights during the consultation process. Their observations must be considered. Their nominated contractors must be invited to tender (if suitable). Treating the process as a box-ticking exercise risks tribunal challenges and damages the trust that your resident engagement strategy is trying to build.

#3. Not separating qualifying works

If your remediation programme includes multiple distinct work packages, consider whether they are genuinely separate qualifying works. Aggregating unrelated works into a single project can complicate the consultation and make dispensation for urgent elements harder to obtain.

#4. Poor record-keeping during consultation

Every notice, observation, estimate, and decision must be documented. If a leaseholder challenges the service charge at tribunal, your records are your defence. Keep copies of all notices served, proof of service, observations received, responses provided, estimates obtained, and the rationale for contractor selection. These records also form part of your Golden Thread.

#5. Forgetting about qualifying long-term agreements

Section 20 does not only cover one-off works. If you enter into a long-term agreement for building safety services -- such as a multi-year fire safety maintenance contract costing more than 100 pounds per leaseholder per year -- the qualifying long-term agreement consultation process applies separately.

#Frequently Asked Questions

#Does Section 20 consultation apply to Building Safety Act remediation works?

Yes. If BSA-related works such as cladding remediation, fire stopping repairs, or fire door replacements will cost any leaseholder more than 250 pounds, the standard Section 20 consultation process under the Landlord and Tenant Act 1985 applies. The Building Safety Act does not create an exemption from Section 20.

#What is the Section 20 consultation threshold for qualifying works?

Under section 20 of the Landlord and Tenant Act 1985 and the Service Charges (Consultation Requirements) Regulations 2003, you must consult leaseholders before carrying out qualifying works where the cost to any individual leaseholder exceeds 250 pounds. For qualifying long-term agreements, the threshold is 100 pounds per leaseholder per year.

#What happens if I skip Section 20 consultation for BSA safety works?

If you carry out qualifying works without proper consultation, you can only recover up to 250 pounds per leaseholder through the service charge -- regardless of the actual cost. To recover the full amount, you would need to apply to the First-tier Tribunal for a dispensation order under section 20ZA. The tribunal considers whether leaseholders have been prejudiced by the lack of consultation.

#Can I get dispensation from Section 20 for urgent building safety works?

Yes. Under section 20ZA of the Landlord and Tenant Act 1985, you can apply to the First-tier Tribunal for dispensation from some or all of the consultation requirements. Urgency and safety risk are relevant factors the tribunal considers. However, dispensation is not automatic -- you must demonstrate why consultation was impractical and that leaseholders were not materially prejudiced.

#How long does the Section 20 consultation process take?

The full three-stage process typically takes 8 to 12 weeks minimum. Stage 1 requires a 30-day notice period for observations. Stage 2 requires obtaining at least two estimates and a further 30-day notice period. Stage 3 is the notification of the awarded contract. Rushed consultations risk being challenged at tribunal.

#Further Reading

• Building Safety Act Complete Guide -- comprehensive overview of the BSA regime that triggers many Section 20 consultations
• Resident Engagement Strategy for Higher-Risk Buildings -- how to engage residents on safety decisions, including costly remediation works
• Accountable Person Duties Explained -- the AP obligations that generate the works requiring consultation
• The Complete Golden Thread Guide -- your consultation records form part of the Golden Thread
• PAP Responsibilities Guide -- the PAP's role in managing both safety and financial obligations
• Higher-Risk Buildings: Definition and Criteria -- which buildings trigger these consultation requirements
• Golden Thread in Practice -- digital audit trails for consultation records
• Fire Risk Assessment Tracking -- the FRA actions that often trigger Section 20 works
• Service Charge Software -- software for managing service charges and Section 20 consultation records
• RTM Service Charges and Building Safety Costs -- how RTM companies handle service charge obligations

#Official sources

• Landlord and Tenant Act 1985 -- section 20 -- the consultation requirement
• Service Charges (Consultation Requirements) (England) Regulations 2003 -- detailed consultation procedures
• Landlord and Tenant Act 1985 -- section 20ZA -- dispensation applications
• Building Safety Act 2022 -- section 84 -- duty to take all reasonable steps

This article is for informational purposes. For building-specific advice, consult a qualified fire safety professional or solicitor specialising in leasehold law.

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