Written question WQ87943

The Welsh Government’s Developers’ Pact is underpinned by legally binding documentation. The Home Builders Federation have been co-ordinating comments on behalf of developers and so have acted as a conduit for this piece of work. Officials have met with both the Managing Director and Planning and Policy Advisor Wales during the development of this documentation.

As the documentation is legally binding, any breach of contract will be dealt with according to contract law.

However, it should also be noted that a developer who is also the responsible person for the building within the meaning of the Regulatory Reform (Fire Safety) Order can be prosecuted under article 32 of the Order for failing to take appropriate fire safety measures. The maximum sentence is two years’ imprisonment and/or an unlimited fine.

The legally binding documentation signed by developers also includes a requirement for monitoring of progress. Should the agreed terms not be met, the Welsh Government will take steps to address this.

I have always made it clear I will take every opportunity, including legislation and considering prohibitions on development, to ensure developers step up to their responsibilities. This remains the case.

The decision to offer the £20 million developer loan was based on a number of factors including advice from the financial sector in respect of developers and the likely availability of capital to undertake works, particularly given the expectation of works being carried out across the UK.

The figure of £20 million was considered in the context of costs incurred in respect of work undertaken in the social sector to date. The loan scheme will be reviewed on a regular basis to ensure the funding available is appropriate to the needs of the scheme.

In regard to surveys, our programme of surveys operates on a rolling basis. To access this support, Responsible Persons (usually managing agents or building owners) need to submit an Expression of Interest to the Welsh Building Safety Fund.

All submissions receive a desktop survey. Where appropriate, a further intrusive survey is undertaken. These survey works will be ongoing whilst Expressions of Interest continue to be received.

I encourage all Responsible Persons of buildings 11 metres and over in height to complete an Expression of Interest as soon as possible. Further information regarding the Welsh Building Safety Fund can be accessed here:

English – https://gov.wales/welsh-building-safety-fund-expression-interest-guidance

Cymraeg – https://llyw.cymru/cronfa-diogelwch-adeiladau-cymru-canllawiau-ar-gyfer-mynegi-diddordeb

English - https://www.smartsurvey.co.uk/s/ALXU1C/?lang=718379

Cymraeg – https://www.smartsurvey.co.uk/s/ALXU1C/?lang=718380

I have made clear that I do not expect leaseholders to pay for fire safety issues not of their making and that I expect developers to step up to their responsibilities and address these issues in buildings they have developed.

The Welsh Building Safety fund is in place to address fire safety issues in buildings in Wales. It is being used for a variety of purposes, including work to address fire safety issues in private and social sector buildings. It is also being used to support survey work and the Leaseholder Support Scheme.