Defective building victims win concessions from Welsh Government – but still face delay

Martin Shipton

An agreement has been reached to give Welsh leaseholders living in defective homes the same rights as their counterparts in England – but it will have taken five years to reach parity.

Independent MS Rhys ab Owen, who negotiated a deal with Welsh Government Cabinet Secretary Jayne Bryant to end the delay, said: “Over eight and half years on from the horrific Grenfell Tower fire in London which killed 72 people, we still have residents in Wales living in buildings with unresolved safety issues.

“That so much time has passed whilst we have residents living with waking watches, unable to sell, and being stopped from living fear free lives, is and always will be a major failure.

“Some criticise the Welsh Government and Senedd for looking no further than the M4 and being obsessed with the Cardiff Bay bubble. Building safety disproves that. There are people, families, children, living in blocks with building safety defects literally next door to the Welsh Parliament. Even some elected members have flats in dangerous buildings, yet the State has monumentally failed to deliver in a timely manner.

“Building safety victims were the first people I met when elected in 2021. Since then I have had the honour of cooperating closely with residents and the Welsh Cladiators.

“In 2022, Welsh Labour voted against a motion in the Senedd calling on the Welsh Government to work with all political parties in the Welsh Parliament to facilitate a prompt enactment that incorporates sections 116 to 125 of the Building Safety Act 2022 into Welsh law.

“In the face of major opposition, scrutiny and the campaign continued. For example, we had a public meeting in the Senedd in 2023; the then First Minister, Vaughan Gething MS, declined to include enacting sections 116 to 125 as part of his legislative programme in 2024, and I had to convince the Senedd that remediation is within scope of the Building Safety (Wales) Bill last year.

“The Llywydd’s agreement to allow amendments that would incorporate building remediation wasn’t the end of the story. Even at Stage 2 on 29 January 2026 Welsh Labour voted against my amendments which would replicate sections 116 to 125 in Welsh law.

“However, there is room for considerable hope. Since Stage 2 Jayne Bryant MS, Cabinet Secretary for Housing and Local Government, has engaged extensively with me. We have reached a point where we have developed amendments together that deliver a major step forward for all building safety victims in Wales.

“Should the Senedd support the amendments which are tabled in my name, by this time next year, residents will be able to apply to a residential property tribunal for remediation orders and remediation contribution orders, which is what sections 116 to 125 delivered for victims in England in 2022.

Massive difference

He added: “We know from our neighbours across the border that such orders will make a massive difference. For example, one case brought forward in England has seen a tribunal making a remediation contribution order to the sum of over £13.2million!

“As Taylor Wessing LLP stated when referring to such tribunal decisions in England, a clear message is being sent to developers and landlords that proactive identification and remediation of building safety defects is essential, with works being carried out promptly.

“Those prioritising financial considerations over safety concerns face substantial liability through remediation contribution orders. Thanks to the amazing effort of building safety victims in Wales, years of representation from myself, and now the kind cooperation of the current Cabinet Secretary, developers and landlords are set to receive that very strong message here in Wales.”“

Mark Thomas of the Welsh Cladiators campaign group said: “Why have we had to wait nearly five years to access proven English laws that would massively assist many long-suffering Welsh leaseholders?

“We are hugely grateful for the incredible work of Rhys ab Owen in getting us to this stage, but at the same time it raises serious questions about the Welsh Government’s approach to this nine years long crisis. It’s also clear that the new laws will not solve all the serious problems in the Welsh crisis.

“We hope any new incoming government will be willing to listen to the lived experiences of victims and bring real energy and an insurgent approach to resolving a crisis that continues to blight and ruin many Welsh lives.”

Amendments

A spokesperson for the Welsh Government said: “Section 125 of the Building Safety Act was removed a number of years ago, so the amendments being brought forward replicate for Wales Sections 116-124 of the Building Safety Act.

“At Stage 2 the Cabinet Secretary explained she supported the amendments in principle however as drafted they were unworkable with the Building Safety (Wales) Bill. The Welsh Government committed to working across party lines to ensure the provisions could be brought forward at Stage 3, which is what has happened.”