New Building Safety Bill introduced in Wales

This week, the Welsh Government introduced the Building Safety (Wales) Bill to the Senedd, with implications for HMO landlords. 
The Bill is similar to legislation in England, which came in response to the Grenfell tragedy. 

It places new legal responsibilities on duty holders, typically the owner or  manager of a building, around the maintenance of fire and building safety in all multi-occupied residential buildings with two or more units.

The exact requirements placed on duty holders will depend on the height of the building, with three categories of affected buildings: 

•    18m high or at least seven storeys; 
•    less than 18m height and at least five storeys; 
•    below 11m and fewer than five storeys.

In addition to this, certain houses in multiple occupation (HMO) will be included within the scope of some of these regulations. 

Which HMOs are affected?
HMOs are typically only in scope where the property is let on a room only basis. If the entire property is let on a joint tenancy, it will not have to follow the requirements set out below. 

In addition, if the landlord is a resident landlord with one or two lodgers then they will be excluded, even if the landlord is letting by the room.

Requirements on HMOs

Where a HMO is within scope they will be expected to meet the fire safety requirements in the Bill. They will not be expected to meet the requirements around building safety (such as registering with the building safety authority).

The fire safety requirements are essentially that the duty holder:

•    Must have a fire risk assessment performed annually from a suitable person; 
•    Must not act in a way that creates a significant risk of fire
Tenants will also have duties placed on them to avoid creating a significant risk of fire. 
Where tenants do create a risk through their behaviour, landlords may apply to the residential property tribunal for a contravention order in certain circumstances.

Who will enforce the legislation

Fire safety enforcement will be undertaken by the relevant local fire and rescue service (whilst building safety enforcement will be left to local authorities). 

When is it likely to come in

The legislation is expected to come in in 2027 in Wales. 

We will keep abreast of the legislation as it passes through the Senedd and will create guidance for our members once the legislation is in its final form.