WQ84874 (e) Tabled on 25/03/2022

What discussions has the Minister had with the UK Government about extending protections included in the Building Safety Bill to leaseholders in Wales to protect individual leaseholders from paying for remediation works?

Answered by Minister for Climate Change | Answered on 06/04/2022

We have always maintained that leaseholders should not have to pay to rectify issues that constitute a failure to build to appropriate quality standards, or where matters are in breach of building regulations. 

Further to our last correspondence in relation to this matter I can confirm that I have supported the application to Wales of a number of clauses in the UK Government’s Building Safety Bill which add further protections for leaseholders.

These include the following clauses:

135 and 136 - These make changes to the Defective Premises Act 1972 and the Limitation Act 1980, broadening the type of work covered by the Defective Premises Act 1972 and providing the extension of certain limitations periods.  

UK Government amendments tabled on 22 March will, if accepted, apply 132 and 133 of the Bill to Wales and insert a new clause after clause 133. These clauses, the ‘anti-avoidance’ building liability clauses, will increase the ability of freeholders and leaseholders to obtain redress where sub-standard work has been carried out. For example, where a development company has carried out sub-standard work and that company has subsequently been wound up companies “associated” with the development company can potentially be held liable for the defective work. 

I have also supported the application to Wales of clauses tabled on 22 March in relation to providing additional redress and extending limitation periods where defective or mis-sold construction products, including cladding, have been used in a building and this has resulted in the building being unfit for habitation.

In addition the provisions in the Bill providing for there to be a New Homes Ombudsman will apply in relation to Wales.