Cladding: Welsh government accused of serious safety laws error

PA Media cladding being removed from Whitebeam Court, in Pendleton, Greater Manchester, 2017PA Media
The Welsh Cladiators campaign group has told Senedd members they have made a "serious mistake" not adopting laws that apply in England

The Welsh government made a "serious mistake" not adopting UK laws protecting leaseholders, building safety campaigners have claimed.

The Building Safety Act means developers in England can be made to fund repairs like replacing cladding.

But campaign group the Welsh Cladiators told Members of the Senedd Wales had "no enforcement plan".

The Welsh government said any legislation had to be "appropriate for Wales".

Following the 2017 Grenfell Tower tragedy in London, a number of apartments blocks in Wales were found to have fire safety defects.

Work fixing these defects on many of these blocks is yet to be carried out amid rows over who should pay.

In the meantime, many homeowners have been left unable to sell their flats, and paying higher insurance and service charge fees.

Celestia  Celestia's Mark ThomasCelestia
Mark Thomas from campaign group Welsh Cladiators said the Welsh government had been "handed a solution" by the UK government

Giving evidence to the Senedd's housing committee, Mark Thomas from the Welsh Cladiators - a group that campaigns to highlight problems with cladding and other fire safety defects - said he remained "deeply concerned about the slow rate of progress in Wales".

"We're getting tired. How long do we have to endure the 24/7 pressure of this issue before something is actually done to solve what is a relatively minor issue for Wales?"

'Handed a solution' by Westminster

Housing minister Julie James has announced a "pact" with many of the main developers to carry out repair work, and that the Welsh government is funding a programme of surveys to identify problems.

But Mr Thomas said he believes developers will only respond to the "force of law" rather than agreements like the pact.

He called for ministers put sections 116-125 of the Building Safety Act - which protect leaseholders from certain costs - into law.

Residents of one Cardiff block of flats has been campaigning the Welsh government since 2019

Mr Thomas said: "The Welsh government was handed a solution by the [UK] government. It enjoyed widespread cross-party support in Westminster and was subjected to deep scrutiny.

"Sadly on 16 November the Welsh Labour government voted against fast tracking those provisions into Welsh law.

"We see that as a serious mistake."

'We just don't need the sections in Wales'

In November Ms James told the Senedd she believed that sections 116-125 were not appropriate for Wales.

She said there is provision in Wales for leaseholders to contact the Welsh government if they believe a developer is in breach of their terms.

"The Welsh government could then take legal action to enforce the formal legal documentation, so protecting leaseholders from the potential legal costs of undertaking the action themselves," she said.

"So, just to say in really clear language, we just don't need the sections in Wales."

Julie James
In November Julie James shot down adding these sections of the Building Saftey Act in Welsh Law

Mr Thomas added: "We're not saying England is perfect, but England is making progress, remediation is going on.

"They have a building safety act, they have a building safety fund that is distributing money and they also have an enforcement agency.

"In Wales we have no enforcement agency and no enforcement plan. We just want our lives back."

The Welsh government said: "Climate Change Minister Julie James has always made it clear that leaseholders should not pay to rectify fire safety issues that are not of their making.

"It is important that any legislation is considered in a Welsh context and appropriate for Wales."