Building Safety (Wales) Act 2026

Prospective

115 Remediation contribution orders E+W

(1) The Welsh Ministers must by regulations—

(a) provide that a residential property tribunal may make a remediation contribution order on the application of an interested person;

(b) make further provision in connection with remediation contribution orders.

(2) A remediation contribution order is an order requiring a relevant body corporate or partnership to make payments to a specified person for the purpose of meeting costs incurred or to be incurred in remedying, or otherwise in connection with, relevant defects (or specified relevant defects) relating to a relevant building (“remediation costs”).

(3) Regulations under subsection (1) may provide for remediation contribution orders to require the making of payments—

(a) of specified amounts or in relation to specified things, or both;

(b) at specified times or on demand following specified events, or both.

(4) In subsections (2) and (3) “specified” means specified in the remediation contribution order.

(5) In this section—

• “developer” (“datblygwr”), in relation to a relevant building, means a person who undertook or commissioned the construction or conversion of the building (or part of the building) with a view to granting or disposing of interests in the building or parts of it;

• “interested person” (“person a chanddo fuddiant”), in relation to a relevant building, means—

  (a)

  the Welsh Ministers;

  (b)

  the building safety authority for the building;

  (c)

  the fire safety authority for the building;

  (d)

  a person with a legal or equitable interest in the building or any part of it;

  (e)

  any other person specified, or of a description specified, in regulations made by the Welsh Ministers;

• “partnership” (“partneriaeth”) means—

  (a)

  a partnership within the meaning of the Partnership Act 1890, or

  (b)

  a limited partnership registered under the Limited Partnerships Act 1907,

  or a firm or entity of a similar character formed under the law of a country or territory outside the United Kingdom;

• “relevant body corporate or partnership” (“corff corfforedig perthnasol neu bartneriaeth berthnasol”) means a body corporate or partnership that is—

  (a)

  a landlord under a lease of the relevant building or any part of it,

  (b)

  a person who was such a landlord at the beginning of 20 February 2026,

  (c)

  a developer in relation to the relevant building, or

  (d)

  a person associated with a person within any of paragraphs (a) to (c).

(6) The Welsh Ministers may by regulations—

(a) make provision about costs that are, or are not, to be regarded as remediation costs;

(b) make provision about the circumstances in which a partnership or body corporate is associated with another person;

(c) provide that this section applies, with or without modifications, in relation to a building that would, but for section 112(1)(b) or (2), be a relevant building.

(7) The Welsh Ministers must lay a draft of a Welsh statutory instrument containing regulations under subsection (1) before Senedd Cymru before the end of the period of 9 months beginning with the day on which this Act receives Royal Assent.

Commencement Information

I1 S. 115 not in force at Royal Assent, see s. 138(2)