Building Safety (Wales) Act 2026

Prospective

71 Liability of tenants for costs relating to building safety E+W

In the Landlord and Tenant Act 1985 (c. 70), after section 30IA (as inserted by section 70) insert—

“30IB Wales: liability for building safety costs

(1) This section applies to a relevant lease of premises which consist of or include a dwelling in a regulated building.

(2) In this section “relevant lease”—

(a) means a lease—

(i) that is granted for a fixed term of 7 years or more, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture, and

(ii) under which the tenant is liable to pay a variable service charge (within the meaning of section 18), but

(b) does not include an occupation contract.

(3) The relevant lease has effect—

(a) as if the matters for which the service charge is payable under the lease included the taking of building safety measures by or on behalf of a relevant person (insofar as this would not otherwise be the case), and

(b) where the lease contains different methods for apportioning different relevant costs (within the meaning of section 18), as if it provided for any costs for which the tenant is liable by virtue only of paragraph (a) to be apportioned in the same way as costs incurred in connection with insuring the building.

(4) For the purposes of this section any of the following incurred in connection with the taking of a building safety measure are to be regarded as incurred in taking the measure—

(a) legal and other professional fees;

(b) fees payable to a building safety authority;

(c) management costs.

(5) In this section—

• “building safety measure” has the meaning given by section 30IC;

• “landlord” includes any person who has a right under the lease to enforce payment of a service charge (within the meaning of section 18);

• “occupation contract” has the meaning given by section 7 of the Renting Homes (Wales) Act 2016;

• “relevant person” means—

  (a)

  the landlord, if the landlord is an accountable person for the building;

  (b)

  otherwise, any superior landlord who is an accountable person for the building;

• “tenant” includes any person who has an obligation under the lease to pay a service charge (within the meaning of section 18).

30IC Meaning of “building safety measure”

(1) This section applies for the purposes of section 30IB.

(2) “Building safety measure” means any of the following—

(a) applying to register a category 1 building or a category 2 building in accordance with section 20 of the Building Safety (Wales) Act 2026 and regulations made under it;

(b) notifying the building safety authority for such a building of a change in accordance with section 21 of that Act and regulations made under it;

(c) giving a declaration to the building safety authority for such a building in accordance with section 24 of that Act and regulations made under it;

(d) applying to remove a category 1 building or a category 2 building from the register in accordance with section 25 of that Act and regulations made under it;

(e) ensuring that the fire safety risks relating to a regulated building are assessed, and copies of assessments are given, in accordance with sections 29 to 32 of that Act and regulations made under them;

(f) taking reasonable steps in accordance with section 33 of that Act and regulations made under it (management of fire safety risks), other than steps involving the carrying out of works as referred to in section 33(3);

(g) ensuring that the structural safety risks relating to a category 1 building or a category 2 building are assessed, and copies of assessments are given, in accordance with section 34 of that Act and regulations made under it;

(h) taking reasonable steps in accordance with section 35 of that Act and regulations made under it (management of structural safety risks), other than steps involving the carrying out of works as referred to in section 35(2);

(i) keeping (and where necessary obtaining) information and documents relating to a regulated building in accordance with section 48 of that Act and regulations made under it;

(j) giving information and documents to an accountable person in accordance with section 47 of that Act;

(k) giving information and documents to a person in accordance with regulations under section 49 or 50 of that Act;

(l) making a request to enter premises, or applying to a residential property tribunal for an access order, in accordance with section 58 of that Act (entry to residential units etc.);

(m) giving a warning notic‍e in accordance with section 59 or 60 of that Act (enforcement of duties relating to residents etc. and residential units) and regulations made under section 62 of that Act;

(n) applying to a residential property tribunal for a contravention order in accordance with section 61 of that Act (enforcement of duties relating to residential units and residents etc.);

(o) making a request to enter premises, or applying to a residential property tribunal for a non-residential premises access order, in accordance with section 67 of that Act;

(p) giving information and documents to a duty holder in accordance with section 86 of that Act.

(3) In relation to a category 1 building, “building safety measure” also includes any of the following—

(a) preparing and revising a safety case report, and giving a copy of the report and notice summarising the revisions to the building safety authority for the building, in accordance with section 37 of the Building Safety (Wales) Act 2026 and regulations made under it;

(b) establishing and operating an occurrence recording system, and giving information to the building safety authority and fire safety authority, in accordance with sections 38 and 39 of that Act and regulations made under them;

(c) complying with the duties imposed by sections 40 and 41 of that Act and regulations made under them (residents’ engagement strategy);

(d) applying for a building certificate in accordance with sections 42 and 43 of that Act and regulations made under them;

(e) complying with the duties relating to the display of building certificates and other documents imposed by section 45 of that Act and regulations made under it;

(f) establishing and operating a system for the investigation of relevant complaints in accordance with section 51 of that Act and regulations made under it.

(4) In relation to a category 2 building or a category 3 building, “building safety measure” also includes making and giving effect to arrangements for the consideration of relevant complaints in accordance with regulations under section 52 of the Building Safety (Wales) Act 2026.

(5) The Welsh Ministers may by regulations amend subsection (2), (3) or (4) to add, remove or modify a building safety measure.

(6) The regulations may make supplementary, incidental, transitional or saving provision (including provision amending this Act).

(7) Regulations under subsection (5) are to be made by Welsh statutory instrument and are subject to the Senedd approval procedure.”

Commencement Information

I1 S. 71 not in force at Royal Assent, see s. 138(2)