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The Building (Amendment) (Wales) Regulations 2018

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Title, application, commencement and interpretation

1.—(1) The title of these Regulations is the Building (Amendment) (Wales) Regulations 2018.

(2) These Regulations apply in relation to Wales.

(3) These Regulations come into force on 1 November 2018.

(4) In these Regulations “the 2010 Regulations” (“Rheoliadau 2010”) means the Building Regulations 2010(1).

Amendments to the 2010 Regulations

2.  The 2010 Regulations are amended as set out in regulations 3 to 5.

Water efficiency

3.—(1) For regulation 36 (water efficiency of new dwellings) substitute—

36.(1) This regulation applies where a dwelling is—

(a)erected; or

(b)formed by a material change of use of a building within the meaning of regulation 5(a) or (b).

(2) The potential consumption of wholesome water by persons occupying a dwelling to which this regulation applies must not exceed the requirement in paragraph (3).

(3) The requirement referred to in paragraph (2) is—

(a)where a dwelling is erected, 110 litres per person per day; or

(b)where a dwelling is formed by a material change of use of a building within the meaning of regulation 5(a) or (b), 125 litres per person per day,

as measured in either case in accordance with a methodology approved by the Welsh Ministers.

(2) In regulation 37 (wholesome water consumption calculation) for paragraph (1) substitute—

(1) Where regulation 36 applies, the person carrying out the work must give the local authority a notice which specifies the potential consumption of wholesome water per person per day in relation to the completed dwelling.

(3) In Schedule 1 (requirements relating to building work) in Part G (sanitation, hot water safety and water efficiency) —

(a)for the heading of paragraph G2 (water efficiency) substitute “Water efficiency of new dwellings”;

(b)after paragraph G2 insert the following paragraph—

Water efficiency of new buildings other than dwellings and healthcare buildings

G2A

Reasonable provision must be made in the design and installation of any sanitary convenience(2), washbasin or shower so as to prevent the undue consumption of water.

Requirement G2A applies only to building work that consists of the erection or extension of a building which is not a dwelling or a healthcare building.

“Healthcare building” means—

(a)

a hospital;

(b)

a building used for the provision of medical services by a registered medical practitioner(3);

(c)

a building used for the provision of dental services by a person who under the Dentists Act 1984(4) is permitted to practise dentistry;

(d)

a building not falling within paragraphs (b) or (c) which is used for the provision of primary medical services or primary dental services under the National Health Service Act 2006(5) or the National Health Service (Wales) Act 2006(6);

(e)

a building at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016(7) is provided.

Contravention of certain regulations not to be an offence

4.  For regulation 47 substitute—

47.  The following regulations are designated as provisions to which section 35 of the Act (penalty for contravening building regulations) does not apply—

(a)regulations 17, 17A, 25A, 27, 27A, 37, 41, 42, 43 and 44; and

(b)regulations 23, 25B and 26, in so far as these Regulations apply to Crown buildings or to building work carried out or proposed to be carried out by Crown authorities.

Security

5.  In Schedule 1 after Part P (electrical safety) insert the following Part—

PART Q SECURITY

Unauthorised access

Q1

Reasonable provision must be made to deter and resist unauthorised access to—

(a)

any dwelling; and

(b)

any part of a building from which access can be gained to a flat within the building.

Requirement Q1 applies only when a dwelling is erected.

Transitional provision

6.—(1) The amendments made by regulations 3 to 5 do not apply in any case where on the date these Regulations come into force—

(a)building work has started in accordance with any relevant notification provision; or

(b)a relevant notification provision has been complied with in relation to proposed building work and the building work is started within the period of twelve months beginning on the date these Regulations come into force.

(2) In this regulation, “relevant notification provision” (“darpariaeth hysbysu berthnasol”) means regulation 12(2) of the 2010 Regulations and sections 47(1), 50, 51A(2) and 54 of the Building Act 1984.

Lesley Griffiths

Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers

30 April 2018

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