Legal advice published on prioritising social housing based on Welsh language ability

Stephen Price

Welsh language campaigners will publish new legal advice on the consideration of Welsh language ability when allocating social housing during an event at the National Eisteddfod today (5 August).

The new legal advice, obtained by Cymdeithas yr Iaith, confirms that the Welsh language can be taken into account when allocating social housing. Cymdeithas yr Iaith is calling on the Welsh Government to act on this advice by updating its guidance on housing allocation and homelessness for local authorities.

Last year, calls were made in Gwynedd for Welsh language ability to become one of the considerations when allocating social housing after a planning application for 18 social homes in Botwnnog was opposed locally because of its potential impact on Welsh as the community’s language.

Following this, the Welsh Language Commissioner confirmed that she had also received legal advice stating that the Welsh language could be among the factors taken into account when allocating housing.

Gwynedd Council has not amended its Local Lettings Policy since that announcement last year, despite controversy around  plans for a “fully affordable” housing estate which made headline news after claims it would be reserved for people who are “able to speak Welsh”.

Cyngor Gwynedd’s planning committee backed plans submitted by housing association, Grŵp Cynefin, to build a mix of 15 ‘fully affordable’ homes in the coastal village of Trefor, where the majority of people speak Welsh in March 2026.

Gareth Jones, the council’s senior planning manager, cited planning rules, stating “policies and decisions must not introduce any element of discrimination against individuals based on linguistic ability”.

He added: “Planning policies must not seek to control housing occupancy on linguistic grounds. I don’t think it can be stated any clearer than this.”

The developers had said the homes would meet local housing needs, and that residents would more than likely be Welsh speakers, anyway.

Recommendations

Jeff Smith, Chair of Cymdeithas yr Iaith’s Sustainable Communities Group, said: “Although information emerged last year confirming that the Welsh language can be taken into account when allocating social housing, neither Gwynedd Council nor any other local authority has amended its Local Lettings Policy.

“There is now a new Welsh Government in place, and we call on it to revise the guidance on housing allocation and homelessness for local authorities on the basis of this new legal advice, so that local authorities have clearer guidance.”

One of the recommendations of the Welsh Communities Commission in its report, ‘Empowering Communities, Strengthening the Welsh Language,’ is to designate areas of higher linguistic significance in order to recognise communities with a high proportion of Welsh speakers.

Jeff Smith added: “Implementing the Commission’s principal recommendation – designating areas of higher Welsh linguistic significance – would enable local authorities to adopt specific policies for the benefit of the Welsh language in those areas.

“Such designation would establish a strong legal basis for introducing differentiated policies, such as giving consideration to the Welsh language when allocating social housing.

“When addressing the housing crisis facing people and communities, it is essential to ensure that local Welsh speakers are able to remain within their communities, thereby sustaining and strengthening the Welsh language in those communities.”

Cymdeithas will hold an event at its stand today (5 August) to launch the legal advice. Elin Hywel will chair a panel discussion with Keith Bush KC, Steve Jones (former Chief Executive of the housing associations Barcud and Tai Ceredigion), and Jeff Smith.

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