Written question WQ86679

I have always maintained the position that the industry should step up to their responsibilities in matters of fire safety and developers should put right fire safety faults at their own cost or risk their professional reputation.

I am pleased a number of large developers have set aside funds to replace cladding and address other fire safety work on properties in Wales and have signed up to the Welsh Government’s Developers Pact. This confirms their intention to address fire safety issues in buildings 11 metres and over in height that they have developed over the last 30 years.

With regards to Laing O’Rourke, I can confirm we have received correspondence from them, which clarifies that they have constructed, but not developed, buildings of 11 metres or over in Wales. The work we are undertaking on the Pact is targeted at developers, as these are the entities that have benefitted from the profits of the developments. I have received a response from Westmark and will continue to engage with them. I am currently awaiting a response from Tilia although, I can also confirm I will continue to press them for a response.

In answer to your question about legislation that will ensure developers will meet their responsibilities in relation to fire safety, I have made repeatedly clear that while I welcome those developers who are engaging, my officials are also exploring all options, including legislation, to ensure that those developers who fail to act will face consequences for their unwillingness to accept their responsibilities. However, any legislation must be the right legislation for Wales and tailored for the Welsh context accordingly.

I am also looking to bring about changes to the building control system via the development of secondary legislation. This will include consultation with stakeholders and the public on the key matters.

We have completed our design and construction phase transition plan which enables us over the next three years to make the legislative changes necessary to ensure that the problems identified with the current building control regimes are rectified.

There are public consultations currently underway on the Competence Framework for Building Inspectors and Operational Standard Rules for both Local Authority Building Control and Building Control Approvers.

Furthermore, we are in the process of drafting secondary legislation on the definition of a high-risk building for the design and construction phase which will be consulted upon early 2023.

This can be found on the Welsh Government Consultation pages. Operational Standards Rules | GOV.WALES

I can confirm the Building Safety Act 2022 has already introduced some legislative reforms in Wales.

The provisions that apply in relation to Wales focus primarily on the reform of the building control system (Part 3 of the Act) but do extend to other areas, including several provisions intended to add further protection for leaseholders.

Some of the key provisions which have been commenced include:

• Amendment of the Building (Approved Inspectors etc.) Regulations 2010 to make the approved inspector sector more resilient and flexible in the face of insurance market fluctuations, and to create alignment on insurance requirements between approved inspectors and other professions

• The extension of the Defective Premises Act 1972 limitation periods and amendment of the 1972 Act to cover refurbishment works.

• Provision to help address the lack of redress available particularly where a development company no longer exists (building liability orders).

In addition, there are provisions other than those mentioned in Part 3 that apply in relation to Wales or will do so once commenced. These relate to building liability orders, extension of limitation periods, the New Homes Ombudsman provisions, construction product provisions and amendments to the Regulatory Reform (Fire Safety) Order 2005.