Building safety · Leasehold flats

The Building Safety (Wales) Act 2026 and your buy-to-let flat

If you let out a leasehold flat in a block, the new Act decides whether you can be charged for fixing its safety defects. Landlords are not shut out. The key test is how many homes you owned on 20 February 2026. This page sets out what is already law and what is still a proposal.

The short answer

Up to three homes, and you can qualify

The protections cover a "qualifying lease". A buy-to-let flat can qualify if, on 20 February 2026, you owned no more than two other homes in the UK besides it.

The Act became law in April 2026, but that part is not in force yet. The limits on what you can be charged are still proposals. The Welsh Government aims to bring them in during 2027.

Building Safety (Wales) Act 2026, section 117; Welsh Government, 22 September 2026. Checked 23 September 2026.
Who it covers

A qualifying lease, in the Act's own terms

Law, not yet in force All of these have to be true:

01

The building

At least 11 metres or five storeys high.

02

The lease

A long lease (over 21 years) of a single flat, granted before 20 February 2026. You pay a service charge under it.

03

You, on 20 February 2026

One of these applied to you: the flat was your only or main home, or you owned no other UK home, or you owned no more than two other UK homes besides it. That last one is the test that lets smaller landlords in.

04

What "owned" means

Holding the freehold or a long lease of a home in Wales, England or Northern Ireland.

What you could be charged

The proposed limits

Proposal From the Welsh Government consultation that closed on 7 September 2026. The responses are being reviewed, so the detail can still change.

Welsh Government, Implementing the Building Safety (Wales) Act 2026 (WG54492), checked 23 September 2026. The consultation describes the rules as "broadly equivalent" to England's. *“Value” is not today’s market value. It is the price last paid for the flat, adjusted for inflation if that sale was before the end of 2024.
SituationProposed charge to you
The landlord, or someone linked to it, is responsible for the defect (any lease)Nothing
Removing or replacing unsafe claddingNothing
Your flat’s value on 20 February 2026 was under £175,000*Nothing
The landlord group was worth over £2m per building on 20 February 2026Nothing
Legal or professional fees about who is liableNothing
Other safety remediation, most flatsCapped at £10,000
Flats valued* at £1m to £2m / over £2m£50,000 / £100,000
Two details that matter to landlords. The cap would include relevant charges from the previous five years, and no more than a tenth of it could fall due in any 12 months. Leaseholders and landlords would also exchange certificates. A leaseholder who does not return theirs would be treated as not qualifying, so watch for that letter once the rules are in force.
What exists now

Support already in place

01

A funded route for 11m+ blocks

Policy The Welsh Government says every residential building of 11 metres or more has a funded route to fix fire safety defects from its construction. Leaseholders "will not bear the costs". Developers that have signed its contract fix their own buildings. These include Barratt Redrow, Persimmon, Taylor Wimpey, Bellway and others. Buildings with no developer to pay go through the Welsh Building Safety Fund. Defects caused by later maintenance are not covered.

02

Only the building can apply

You cannot enrol a block yourself. The Welsh Building Safety Fund takes applications only from the building's responsible person, usually through its managing agent. By March 2026, 470 buildings were in the programme and 219 had works complete or underway.

03

Help with waking-watch costs

From 1 October 2026 a new Welsh Government grant pays for alarm systems that can replace waking watches, and refunds some past alarm costs. The Leaseholder Support Scheme for hardship closed to new applications on 27 June 2025.

What to do now

Four things, none of which costs anything

  1. Ask the managing agent where the building stands. Is it in the Welsh Government programme? Is it going through the developer or the fund? When are works due? Ask in writing and keep the reply.
  2. Write down what you owned on 20 February 2026. Every home in the UK, and whether each was freehold or a long lease. You will need it to fill in the certificate, and it is easier now than in a year's time.
  3. Keep every service charge demand. If a charge mentions safety work, ask what it is for. Under the proposals, earlier charges count towards the cap.
  4. Selling or remortgaging? Ask for the EWS1. Welsh Government-funded surveys give low-risk buildings an EWS1 form to remove the barrier to mortgages. Your contract-holder may also need to be told about fire safety issues in the building. Your agent should raise that with you.
Before you act on it

This is a moving picture

Most of the Act waits on commencement orders, and the charging rules wait on regulations that have not been laid. We will update this page when they are. It explains the published position with a source for each fact. It is not legal advice on your lease, and a solicitor should read your lease if a remediation bill arrives.

Free, no obligation

Own a flat in a Bay block and not sure where it stands?

Tell us the building and we will tell you what is published about it, and what to ask the managing agent. No charge for asking.

No charge, no obligation, and no one will chase you afterwards.