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Buying a flat in a high-rise (5+ storeys): Conveyancing, mortgages, and fees

7 min read

Thinking of buying a high-rise flat in a building 5 storeys (11m) or higher? You will be impacted by the Building Safety Act (BSA) 2022, which may come with some additional conveyancing challenges and extended timelines. Learn about the risks, mortgage challenges, and legal checks involved in buying a high-rise flat.

  • Parminder Phull

    Conveyancing Manager

    Updated on

    Published

modern high-rise block of flats in UK

High-Rise Flat Conveyancing

High-rise living is becoming more common across UK cities. With their modern design, spectacular views, and central locations there’s lots to find appealing. However, since the Building Safety Act (BSA) came into force in 2022, buying a flat in a building five storeys or higher now involves stricter checks, mortgage challenges, and higher costs. This guide explains what makes high-rise purchases different, the legal risks to watch for, and how our specialist conveyancers can help when many others cannot.

In this article:

What is a high-rise property?

Government guidance defines a high-rise residential building as one that is at least 18 metres tall or has seven or more storeys, with two or more residential units. However, since the Building Safety Act was introduced in 2022, residential buildings with five or more storeys, or over 11 metres, are often treated as high-rise for the purposes of safety checks, mortgage approvals, and conveyancing.

Why buying a high-rise flat is different

There are two main reasons why purchasing a high-rise flat involves extra considerations:

Leasehold vs. freehold

Most flats, and almost all in high-rise blocks, are sold as leasehold rather than freehold. This means you own the property for a fixed term and ‘lease’ the land it sits on. Understanding your lease is crucial, as it can affect your mortgage options, resale value, and responsibilities for maintenance. It also makes the buying process more complex as in addition to the standard conveyancing work involved in a purchase, your conveyancer also has to review lease terms, ground rent, service charges and restrictions.

Find out more about the differences between a leasehold and a freehold.

Compliance with the Building Safety Act (BSA)

If you’re buying in a block five storeys or more, compliance with the BSA is crucial. Extra certificates confirming the building meets safety requirements, such as fire risk assessments and (if relevant) an EWS1 (External Wall Fire Review) form for cladding. Without these, lenders may refuse a mortgage, and your purchase could stall.

The Building Safety Act explained

The Building Safety Act 2022 was introduced after the Grenfell Tower fire to make high-rise buildings safer and to protect leaseholders from unfair costs. It applies to residential buildings that are five storeys or higher (over 11m), even though the official definition of a ‘high-rise’ is usually seven storeys or 18m+.

If you’re buying a flat in a tall building, the BSA means:

  • Stronger safety oversight: High-rise blocks must be registered with the Building Safety Regulator, and an ‘Accountable Person’ (usually the freeholder or management company) must take responsibility for compliance.

  • Transfer of responsibility: The act shifts the responsibility of fixing safety issues to the building owners (e.g. management companies), rather than the leaseholder.

  • More transparency: Up-to-date fire risk assessments, safety case reports and building information must be available to buyers.

  • Cladding and remediation rules: If unsafe cladding is present, the developer or freeholder is usually responsible for fixing it. Leaseholders are protected from most cladding costs and from excessive charges for other safety works.

  • Impact on mortgages: Many lenders want reassurance that a building meets BSA standards. This may include an EWS1 form or equivalent documentation for buildings with cladding, before they’ll approve a mortgage.

Building Safety Act conveyancing: the role of your conveyancing solicitor

Buying a high-rise flat requires more detailed checks than a standard flat purchase. In addition to reviewing the lease, service charges, and any restrictions, your conveyancer must now determine whether the property involved falls within the remit of the legislation and, if so, also carry out specialist enquiries under the Building Safety Act (BSA). This is because building safety compliance has become a key focus for both conveyancers and lenders.

Building Safety Act conveyancing checks include:

  • Confirming building registration with the Building Safety Regulator and that an Accountable Person is named.

  • Reviewing building safety documents: Including fire risk assessments, safety case reports, and (if required by your lender) an EWS1 form for external walls.

  • Checking cladding remediation plans: Ensuring that works are completed, funded, or covered by guarantees where needed.

  • Verifying leaseholder protections: Making sure your lease qualifies for cost protections under the BSA and highlighting any potential liabilities.

  • Liaising with lenders: Providing confirmation that the flat is mortgageable by showing that all required safety documents are in place.

Because of these extra checks, not every solicitor or conveyancing firm will handle high-rise purchases. Choosing a conveyancer with specific expertise in the Building Safety Act is crucial to avoid delays, failed purchases, or unexpected costs.

Does the Building Safety Act (BSA) delay conveyancing?

Usually, yes, the extra checks included will increase the timeframe for conveyancing when buying a high-rise flat. The timeline for purchasing a high-rise flat can be upwards of 5 months, if not longer, compared to a standard conveyancing timeline of 12 - 18 weeks.

Expert conveyancing solicitors

Not all conveyancers are experienced in high-rise transactions, but at My Home Move Conveyancing we have specialist knowledge of the Building Safety Act and the unique checks involved. Get a conveyancing quote today.

Expert conveyancing solicitors

Not all conveyancers are experienced in high-rise transactions, but at My Home Move Conveyancing we have specialist knowledge of the Building Safety Act and the unique checks involved. Get a conveyancing quote today.

Young chain free first-time buyers lying on the floor of their new home

Can I get a mortgage on a flat in a high-rise building?

Yes, you can get a mortgage on a high-rise flat, but lenders can be stricter with flats in tall buildings - especially if there are cladding or Building Safety Act issues. Some may ask for extra documents (e.g. EWS1 forms), limit loan amounts, or require larger deposits. Often, assessments for your mortgage will be more extensive, for both your financial circumstances and the building itself.

Lenders will check:

  • Typical criteria such as whether you can afford the mortgage repayments, credit checks and deposit value

  • How many storeys the property is

  • The construction of the building and the materials used, especially regarding fire safety

  • Leasehold length

  • If any other flats in the building have the same mortgage provider

To understand your options, it’s best to speak with a specialised mortgage adviser and check our guide for more information on financing a flat purchase.

Costs and fees to consider when buying a high-rise flat

Alongside the standard costs when purchasing a flat in the UK (stamp duty, mortgage fees, conveyancing, surveys, insurance), you should also budget for:

  • Higher service charges: Tall buildings often have lifts, on-site management, communal heating systems, or fire safety equipment, which can increase maintenance costs.

  • Reserve or sinking funds: Many high-rises require leaseholders to contribute to a reserve fund for future major works.

  • Additional legal fees: Conveyancing for high-rise flats is more complex, involving Building Safety Act checks, more enquiries, and extended timelines. As a result, legal fees are often higher than for a standard flat purchase.

Buying a high-rise flat FAQs

Key information on high-rise flat purchases, including conveyancing, fees, and potential risks.

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