Building Safety (Wales) Act 2026

Prospective

76 Commonholds: provision for compliance with building safety duties E+W

(1) The Commonhold and Leasehold Reform Act 2002 (c. 15) is amended as follows.

(2) In section 14 (commonhold units: use, maintenance and building safety), after subsection (4) insert—

“(5) A commonhold community statement for a commonhold in Wales that includes all or any part of a regulated building must make provision requiring the commonhold association to comply with its duties under the Building Safety (Wales) Act 2026, or regulations made under it, in relation to each commonhold unit.”

(3) In section 26 (common parts: use, maintenance and building safety), after subsection (2) insert—

“(3) A commonhold community statement for a commonhold in Wales that includes all or any part of a regulated building must make provision requiring the commonhold association to comply with its duties under the Building Safety (Wales) Act 2026, or regulations made under it, in relation to the common parts.”

(4) In section 38A (raising income from unit-holders: building safety assessment)—

(a) in subsection (1), after “higher-risk commonhold” insert “, or for a commonhold in Wales that includes all or any part of a regulated building,”;

(b) in subsection (3), after “In this section” insert “as it applies in relation to a higher-risk commonhold”;

(c) after that subsection insert—

“(4) In this section as it applies in relation to a commonhold in Wales that includes all or any part of a regulated building—

• “building safety expenses of the association” means—

  (a)

  the expenses incurred by the commonhold association in connection with taking measures that the association is required or permitted to take under the Building Safety (Wales) Act 2026 or regulations made under it;

  (b)

  where the commonhold includes all or any part of a category 1 building for which a special measures manager has been appointed, the expenses incurred by the association or the manager in connection with the taking of measures that the manager is required or permitted to take under the Building Safety (Wales) Act 2026 or regulations made under it;

• “category 1 building” has the meaning given by sections 6 and 7 of the Building Safety (Wales) Act 2026;

• “special measures manager means a person appointed under section 109 of that Act.”

(5) In section 69(1) (interpretation)—

(a) omit the “and” after the definition of “instrument”;

(b) after the definition of “object” insert— “and

• “regulated building“ has the meaning given by sections 2 and 7 of the Building Safety (Wales) Act 2026.”

Commencement Information

I1 S. 76 not in force at Royal Assent, see s. 138(2)