Commission sets out legal boundaries on Welsh language housing allocations

Dale Spridgeon, Local Democracy Reporter

The ability to speak Welsh can be considered when allocating social housing but it can’t override statutory requirements such as being homeless, according to the Welsh Language Commission.

The Commission said that no linguistic consideration” could overrule the statutory requirements of the Housing Act.

The response comes after the Trefor and Llanaelhaearn Community Council said on Thursday that it would back plans for a “fully affordable” housing estate in a Gwynedd coastal village, but only if it’s reserved for people who are “able to speak Welsh”.

As part of its justification, the community council said the Commissioner had received a legal opinion “which states unequivocally that it would not be illegal to make ‘able to speak Welsh’ a condition for the letting of social housing”.

Housing association, Grŵp Cynefin, has submitted a bid to Cyngor Gwynedd to build 15 affordable homes on land adjacent to Llys yr Eifl, in the majority Welsh-speaking Gwynedd coastal village of Trefor.

Deputy Welsh Language Commissioner, Osian Llywelyn, said the commission was “eager” to protect Welsh-speaking communities within the law.

Mr Llywelyn said: “The sustainability of communities with a high density of Welsh speakers is essential to the future of the language. We are eager to see policies that contribute to strengthening these communities.

“We received an enquiry in 2025 from a member of the public regarding Gwynedd Council’s general housing allocation policy.

“The enquiry asked for the Commissioner’s understanding of the legal position on whether local authorities and housing associations can take the Welsh language into account when making decisions relating to allocating housing and placing tenants.

“Following receipt of legal advice relating to the Housing Act 1996, our understanding is that Welsh language skills can be considered as part of a housing allocation policy.

“However, it must be emphasised that no linguistic consideration overrides the statutory requirements set out in the Act.

“Specifically, local authorities have a duty to give reasonable priority to individuals in certain circumstances, such as people who are homeless or who need to move for medical reasons.

“At the time, we shared our legal understanding of the matter with the enquirer, as well as with Gwynedd Council and the relevant housing association. We emphasised that the legal advice stated that a linguistic condition could be included as part of a policy, but that this does not supersede other legislative requirements.

Local connection

He added: “It should also be noted that Gwynedd Council already prioritises people with a local connection, and the evidence suggests that this approach ensures that a high percentage of those who are allocated housing are Welsh speakers.”

Cyngor Gwynedd is set to recommend approving the housing development, subject to a Section 106 agreement at a planning meeting on Monday, March 2.