6. What legal advice has the Counsel General given to the Welsh Government regarding the ban on combustible cladding materials implemented by the Building (Amendment) (Wales) Regulations 2019? OQ57232

Thank you for the question. The Building (Amendment) (Wales) Regulations 2019 were made by the then Minister for Housing and Regeneration as an immediate response to the Hackitt report, following the independent inquiry into the Grenfell tragedy. The Welsh Government is using both legislative and non-legislative levers to make further improvements in building safety.

I'm grateful for that answer, Cwnsler Cyffredinol. You'll be aware that the Equality, Local Government and Communities Committee in the last Senedd wrote to the housing Minister highlighting that the ban on combustible cladding materials did not extend to buildings below 18m. Was there a legal reason for doing that? They also raised concerns with regard to support for leaseholders. What recent advice has the Counsel General given with regard to fire safety, and isn't it about time for us to get rid of the archaic system of leasehold in Wales?  

Thank you for the supplementary point. I'm aware, of course, that the Member has been very active on this particular issue. I suppose the starting point when we come to the root of the matter is that the developers are ultimately the people who should be shouldering the responsibility. As is often the case, it falls then to public bodies and state bodies to actually pick up the failures of the private sector in respect of those areas. We've consistently held the view that leaseholders did not create the issues that have been identified, and that developers should step up to their moral responsibilities and rectify these issues without charge to the leaseholders. The Minister for Climate Change has consistently made this clear to developers and to leaseholders.

There has been some funding that has been set up, and expressions of interest have opened for the Welsh building safety fund on 30 September for responsible persons of medium and high-rise residential buildings in Wales. This essential first phase will provide funding for fire safety surveys and the creation of building remediation passports. These will identify what measures and actions are required to make a multiresidential building as safe as it can be, and protect lives and property in the event of fire. And of course, the Member himself has been very vocal, quite rightly, in pointing out that it's not just a cladding issue—it's also the internal issues that are of considerable importance. 

We intend to offer a package of support to leaseholders and residents that will allow them to feel safe in their homes, and allow them to make decisions about the future. So, building safety continues to be a priority for the Welsh Government, and once we have clarity on funding allocations, we will be in a better position to make decisions about the future funding to support building safety remediation. 

In terms of the 18m issue, it's the first time I've been asked specifically why it's 18m. I will perhaps send a response to the Member specifically on that. I think I could probably hesitate to give a view as to why I think it is 18m, but I think it is important in these things just to be precise and accurate.FootnoteLink

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