Welsh Cladiators

Please send this Open Letter to Labour SM's

To: All Labour SM’S

RE: Building Safety in Wales Date: 12th January 2023

Dear Sirs,

It is on record that “Building Safety in Wales is a priority for this Government. It is critically important that residents feel safe and secure in their homes.”

However, residents of High-Rise Developments continue to live in fear for their safety and mental health. They live in properties that have dangerous safety defects which the developers accept no responsibility for and do everything they can to avoid having to put the problems right. In the meantime, owners are unable to obtain a EWS1 Certificate and without one are unable to sell or remortgage their properties

The solution put forward by the Welsh Government is a “Pact” with the developers to put right the problems. The Pact is by another name the same as The Pledge in England which has not worked. The Department for Levelling Up Housing and Communities (DLUHC) has found that Building Companies have refused to sign the initial contracts giving legal force to the pledge due to concerns the wording would leave them open to costs for works that go beyond ‘life-critical’ defects. They were also concerned the text would allow DLUHC to reopen the settlement at a later date.

Barratt's Chairman John Allen in their October 2022 AGM stated Barratt had signed the pledge but had not signed a legal contract because “the draft from the Government is not in a form that any builder could sign up to”.

One option is to enact the ������������������BSA 116/125 which gives LAs & Fire Rescue Services the legal powers to issue Remediation & Contribution orders against developers and building owners to remediate defects. However, when it was put to the vote in the Senedd on 16th November it was defeated by 1 vote. All Labour SM’s voted against it. One reason given by Julie James was

“Sections 116-125 of the Building Safety Act 2022 apply provisions to enforce developers to engage in Building remediation. These provisions apply only to England and cannot be commenced in Wales by secondary legislation. Moreover, those sections could not simply be copied into Welsh law because they are tailored to the (significantly different) situation applicable in England.”

Can you please explain what the Significant Different Situation is in England? Their developments have the same Fire Safety problems as us and, in many cases, the same builders are involved. Also, if it is ok to copy “The Pledge” what is the problem in adopting BSA116-125. I am sure you can provide me with an answer as you voted against it.

    All the Labour AMsVoted against the Welsh Cladiators on themWelsh BSA Sections 116-125