2018 No. 552 (W. 94)

Building And Buildings, Wales

The Building (Amendment) (Wales) Regulations 2018

Made30 April 2018

Laid before the National Assembly for Wales4 May 2018

Coming into force1 November 2018

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 1, 3, 34 and 35 of, and paragraphs 1, 2, 7, 8 and 10 of Schedule 1 to, the Building Act 19841, now exercisable by them2, having consulted the Building Regulations Advisory Committee for Wales and such other bodies as appear to them to be representative of the interests concerned in accordance with section 14(7) of the Building Act 19843, make the following Regulations:

Title, application, commencement and interpretation1

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 20104.

Amendments to the 2010 Regulations2

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

Water efficiency3

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 convenience5, 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 practitioner6;
c
a building used for the provision of dental services by a person who under the Dentists Act 19847 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 20068 or the National Health Service (Wales) Act 20069;
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 201610 is provided.

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 convenience5, 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 practitioner6; c a building used for the provision of dental services by a person who under the Dentists Act 19847 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 20068 or the National Health Service (Wales) Act 20069; 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 201610 is provided.

Contravention of certain regulations not to be an offence4

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.

Security5

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.

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 provision6

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 GriffithsCabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers30 April 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Building Regulations 2010 (“the 2010 Regulations”).

Regulation 3(1) amends regulation 36 (water efficiency of new dwellings) to introduce a new requirement that where a dwelling is erected the potential consumption of wholesome water by persons occupying the dwelling must not exceed 110 litres per person per day. The current requirement of 125 litres remains where there is a material change of use such that a building is used as a dwelling or contains a flat, in either case where previously it did not.

Regulation 3(3) adds paragraph G2A (water efficiency of new buildings other than dwellings and healthcare buildings) to Part G (sanitation, hot water safety and water efficiency) of Schedule 1 (requirements relating to building work). The new requirement does not apply to dwellings or healthcare buildings.

Regulation 4 has the effect of designating regulations 23 (requirements for the renovation or replacement of thermal elements), 25B (nearly zero-energy requirements for new buildings) and 26 (CO2 emission rates for new buildings) for the purposes of section 35 of the Building Act 1984 (penalty for contravening building regulations) in so far as those regulations apply to Crown buildings or to building work carried out or proposed to be carried out by Crown authorities.

Regulation 5 adds Part Q (security) to Schedule 1. This new requirement only applies to the erection of dwellings.

Regulation 6 contains transitional provision.

Some minor and consequential drafting changes have also been made.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained at www.wales.gov.