What assessment has the Welsh Government made of the impact on service charges for leaseholders as a result of issuing fire enforcement notices because of problems caused by developers?
There are a number of instances where responsible persons / managing agents have engaged consultants privately to undertake survey work. In many cases, costs have then fallen to leaseholders.
I have always been clear that leaseholders should not be made to pay for fire safety issues that are not of their making. In the case of surveys, funding has been made available in Wales to carry out survey work at no cost to leaseholders.
I have already agreed to reimburse survey costs where surveys took place prior to the launch of the Welsh Building Safety Fund in September 2021, on condition that the following criteria are met:
- The survey work must have taken place prior to 30 September 2021 (when the Welsh Building Safety Fund was launched).
- A procurement process must have been followed (for example – seeking quotes for the work from more than one supplier).
- The work must have been carried out by a suitably qualified person.
- The survey report is of an equivalent standard to those being carried out by the Welsh Government’s appointed surveyors.
Currently, this does not include retrospectively paying for works already carried out. However, this matter is being looked into as a matter of urgency and my officials are considering the options available.
My officials are in regular contact with the Fire and Rescue services to share information and gain an understanding of fire safety issues affecting buildings of 11 metres or more in height. Whilst I cannot comment on individual circumstances, with regards to service charges, it may be possible for leaseholders to challenge the rate of service charges if they are deemed unfair. For more information on this process, please see the link below:
Leasehold Valuation Tribunals | Residential Property Tribunal (gov.wales)