Cwestiwn ysgrifenedig WQ90699
- Gofynnwyd gan
- Rhys ab OwenAnnibynnol
- I'w ateb gan
- Minister for Climate Change
- Cyflwynwyd
- Dyddiad ateb
- Atebwyd
- Amser i'w ateb
- 8 diwrnod
Cwestiwn
Mae'r cwestiwn a'r ateb yn Saesneg gan nad oes fersiwn Gymraeg ar gael.
Will the Minister reconsider implementing Sections 116-125 of the Building Safety Act 2022 into Welsh law, in light of the recent ruling in Triathlon Homes LLP v Stratford Village Development Partnership [2024] UKFFT 26 (PC)?
Ateb
Atebwyd gan Minister for Climate Change
In November 2023 I announced there is a route to addressing fire safety issues in all residential buildings of 11 metres and over. This is not limited to buildings with cladding. Wales is the only UK nation to make this commitment.
Therefore, my position on implementing Sections 116 – 125 of the Building Safety Act 2022 is unchanged.
We have been clear that we do not wish to only limit liability for leaseholders – we have been firm that the leaseholder should not pay for works to rectify fire safety issues that are not of their making.
We have also chosen not to exclude leaseholders by adopting the concept of qualifying and non-qualifying leaseholders – we invite Expressions of Interest from Responsible Persons so we can support all leaseholders who find themselves in a building impacted by fire safety issues.
It is my intention, where a genuine dispute arises, the Welsh Government will act, rather than have these costs fall to leaseholders. In our view, this is the fair way – the Welsh way.
To support this, my officials are procuring legal advisors to support leaseholders where a dispute arises on circumstances that are not covered in the Welsh Government contract terms.