Building Safety (Wales) Act 2026

1. Introductory Text

2. PART 1 SAFETY OF BUILDINGS CONTAINING TWO OR MORE RESIDENTIAL UNITS

   1. CHAPTER 1 OVERVIEW

      1. 1. Overview of Part

   2. CHAPTER 2 KEY TERMS

      1. Regulated buildings, residential units and categories of building

         1. 2. Meaning of “regulated building”

         2. 3. Meaning of “building”

         3. 4. Meaning of “independent part”

         4. 5. Meaning of “residential unit”

         5. 6. Categories of regulated building

         6. 7. Inclusion of ancillary areas in references to regulated buildings

      2. Accountable persons, principal accountable persons and common parts

         1. 8. Meaning of “accountable person”

         2. 9. Meaning of “principal accountable person”

         3. 10. Principal accountable person: determination by building safety authority

         4. 11. Determinations by residential property tribunal

         5. 12. Application of sections 9 and 11 in cases of joint ownership etc.

         6. 13. Meaning of “common parts”

         7. 14. Other definitions

         8. 15. Power to make further provision for the purposes of sections 8 and ‍9

      3. Responsibility of accountable persons for parts of regulated buildings

         1. 16. Part of regulated building for which accountable person is responsible

      4. General

         1. 17. Powers to amend this Chapter

   3. CHAPTER 3 REGISTRATION OF CATEGORY 1 BUILDINGS AND CATEGORY 2 BUILDINGS

      1. Registers

         1. 18. Registers of category 1 buildings and category 2 buildings

      2. Requirement to register and registration procedure

         1. 19. Requirement to register category 1 buildings and category 2 buildings

         2. 20. Registration procedure

      3. Notification of changes and revision of register

         1. 21. Duty to notify changes

         2. 22. Revision of register following notification of change

         3. 23. Revision of register without notification

      4. Declaration about accuracy of information and documents in register

         1. 24. Duty to give declaration about accuracy of information and documents included in register

      5. Removal of building from register

         1. 25. Application to remove building from register

         2. 26. Removal of building from register by building safety authority

   4. CHAPTER 4 ASSESSMENT AND MANAGEMENT OF BUILDING SAFETY RISKS

      1. Key terms

         1. 27. Meaning of “fire safety risk” and “structural safety risk”

         2. 28. Meaning of “building safety risk”

      2. Fire safety risks in regulated buildings

         1. 29. Assessment of fire safety risks: duties of principal accountable person

         2. 30. Requirement for fire risk assessment to be made by competent person

         3. 31. Timing and review of fire risk assessments

         4. 32. Further provision about fire risk assessments

         5. 33. Management of fire safety risks by accountable persons

      3. Structural safety risks in category 1 buildings and category 2 buildings

         1. 34. Assessment of structural safety risks: duties of accountable persons

         2. 35. Management of structural safety risks by accountable persons

      4. Management of building safety risks by other persons

         1. 36. Management of building safety risks by persons other than accountable persons

   5. CHAPTER 5 DUTIES APPLYING ONLY TO OCCUPIED CATEGORY 1 BUILDINGS

      1. Safety case reports

         1. 37. Preparation and revision of safety case report by principal accountable person

      2. Recording and reporting in relation to building safety risks

         1. 38. Occurrence recording system: duty of principal accountable person

         2. 39. Reporting to authorities: duty of accountable person

      3. Residents’ engagement strategies

         1. 40. Preparation and review of residents’ engagement strategy by principal accountable person

         2. 41. Provision of copies of strategy by accountable persons

      4. Building certificates

         1. 42. Duty of principal accountable person to apply for building certificate

         2. 43. Applications for certificates: procedure

         3. 44. Determination of applications and issue of certificates

         4. 45. Duty of principal accountable person to display certificate and related information

   6. CHAPTER 6 ENGAGEMENT WITH RESIDENTS OF OCCUPIED CATEGORY 2 BUILDINGS

      1. 46. Category 2 buildings: residents’ engagement strategies

   7. CHAPTER 7 INFORMATION AND COMPLAINTS

      1. Duties to keep and provide information and documents

         1. 47. Duty to give information and documents to accountable persons

         2. 48. Duty of accountable person to keep information and documents

         3. 49. Duty of accountable person to give information and documents to other persons

         4. 50. Duty to give information and documents on change of accountable person

      2. Complaints

         1. 51. Category 1 buildings: duty of principal accountable person to operate complaints system

         2. 52. Category 2 and category 3 buildings: duty of accountable persons to arrange consideration of complaints

         3. 53. Complaints to building safety authorities

   8. CHAPTER 8 DUTIES OF RESIDENTS AND OWNERS ETC. OF RESIDENTIAL UNITS

      1. 54. Regulated buildings: fire safety duties of residents etc.

      2. 55. Category 1 and category 2 buildings: structural safety duties of residents etc.

      3. 56. Fire resistance of residential units: duty to repair

      4. 57. Entry to residential units for purpose of repairs

      5. 58. Entry to residential units etc. by accountable person

      6. 59. Power of accountable person to give warning notice: fire and structural safety duty of residents etc.

      7. 60. Power of accountable person to give warning notice: repair of fire resistance of residential units

      8. 61. Power of residential property tribunal to make contravention order

      9. 62. Regulations about warning notices

   9. CHAPTER 9 REVIEWS AND APPEALS

      1. 63. Review and appeal of certain decisions: key terms

      2. 64. Review of reviewable decision

      3. 65. Appeal to residential property tribunal

      4. 66. Effect of review and appeal

   10. CHAPTER 10 SUPPLEMENTARY

       1. Entry to non-residential premises

          1. 67. Entry to non-residential premises by accountable person

       2. Co-operation and co-ordination

          1. 68. Co-operation and co-ordination: duties of accountable persons

       3. Recovery of relevant costs by principal accountable person

          1. 69. Recovery of relevant costs by principal accountable person

       4. Leases

          1. 70. Leases: implied terms relating to compliance with building safety duties

          2. 71. Liability of tenants for costs relating to building safety

          3. 72. Further provision about implied terms and liability for costs

          4. 73. Costs relating to enforcement etc. excluded from variable service charge

          5. 74. Provision of building safety information to tenants

       5. Occupation contracts

          1. 75. Power to make provision relating to terms of occupation contracts

       6. Commonholds

          1. 76. Commonholds: provision for compliance with building safety duties

       7. Regulations under sections 17, 28(2) and 75

          1. 77. Regulations under sections 17, 28(2) and 75: initial procedure

3. PART 2 FIRE SAFETY IN CERTAIN HOUSES IN MULTIPLE OCCUPATION

   1. Key terms

      1. 78. Meaning of “relevant HMO”

      2. 79. Meaning of “landlord” and “duty holders” for relevant HMO

      3. 80. Meaning of “fire safety risk” in relation to relevant HMO

   2. Assessment and management of fire safety risks in relevant HMOs

      1. 81. Assessment of fire safety risks: duties of landlord

      2. 82. Requirement for HMO fire risk assessment to be made by competent person

      3. 83. Timing and review of HMO fire risk assessments

      4. 84. Further provision about HMO fire risk assessments

      5. 85. Management of fire safety risks by duty holders

   3. Provision of information and documents relating to relevant HMOs

      1. 86. Requirement to give information and documents to duty holder

      2. 87. Requirement for duty holder to give information and documents to other persons

   4. Duties of occupiers of relevant HMOs

      1. 88. Occupiers’ duties relating to fire safety risks and provision of information

      2. 89. Entry by duty holders for purposes of assessing and managing fire safety risks

   5. Entry to non-residential premises

      1. 90. Entry to non-residential premises by duty holder

   6. General

      1. 91. Co-operation and co-ordination by duty holders

      2. 92. Power to apply this Part to mobile homes

      3. 93. Interpretation

4. PART 3 ENFORCEMENT AND INVESTIGATORY POWERS

   1. Enforcing authorities

      1. 94. Enforcement functions of fire safety authorities and building safety authorities

   2. Powers of enforcing authorities to give notices

      1. 95. Power of enforcing authority to give information notice

      2. 96. Power of enforcing authority to give compliance notice

      3. 97. Appeal against compliance notice

      4. 98. Power of fire safety authority to give prohibition notice

      5. 99. Appeal against prohibition notice

      6. 100. Notices: supplementary

      7. 101. Notices: offences

   3. Functions of authorised officers

      1. 102. Authorised officers and meaning of “relevant purpose”

      2. 103. Power to enter premises not being used as a residential unit

      3. 104. Power to enter premises being used as a residential unit

      4. 105. Powers of entry: supplementary

      5. 106. Authorised officers: offences

   4. Offences

      1. 107. Contravention giving rise to risk of death or serious injury

      2. 108. False and misleading information

   5. Special measures in relation to category 1 buildings

      1. 109. Appointment of special measures manager for category 1 building

   6. Power of building safety authority to give fixed penalty notices

      1. 110. Power of building safety authority to give fixed penalty notices

   7. Crown application

      1. 111. Application of this Part to the Crown

5. PART 4 REMEDIATION OF CERTAIN DEFECTS

   1. 112. Meaning of “relevant building”

   2. 113. Meaning of “relevant defect”

   3. 114. Remediation orders

   4. 115. Remediation contribution orders

   5. 116. Remediation costs under qualifying leases etc.

   6. 117. Meaning of “qualifying lease”

   7. 118. Reports on progress under the Welsh building safety programme

6. PART 5 SUPPLEMENTARY AND GENERAL

   1. Promotion of participation in relation to the exercise of Welsh Ministers’ functions etc.

      1. 119. Welsh Ministers’ strategy for promoting participation in relation to the exercise of their functions etc.

   2. Guidance and co-operation

      1. 120. Issue or approval of guidance by the Welsh Ministers

      2. 121. Co-operation and information: duties of responsible persons under Fire Safety Order

   3. Building safety authorities

      1. 122. Building safety authorities

      2. 123. Delegation of functions where building safety authority is accountable person for category 1 building

      3. 124. Power to direct building safety authorities to arrange for delegation of functions

      4. 125. Fees for exercise of functions by building safety authorities

   4. Fire safety authorities

      1. 126. Fire safety authorities

   5. Exercise of functions by building safety authorities and fire safety authorities

      1. 127. Issue of guidance by the Welsh Ministers about the exercise of functions

      2. 128. Co-operation between building safety authorities and fire safety authorities

      3. 129. Sharing of information

   6. Offences

      1. 130. Criminal liability of senior officers of bodies

   7. Giving notices and other documents

      1. 131. Giving notices and other documents

      2. 132. Giving documents to a person whose name is unknown

   8. General

      1. 133. Pre-commencement consultation

      2. 134. Regulations requiring provision of information: confidentiality and data protection

      3. 135. Regulations under this Act: supplementary and procedural provisions

      4. 136. Interpretation

      5. 137. Consequential and transitional provision etc.

      6. 138. Coming into force

      7. 139. Progress reports on bringing this Act into force

      8. 140. Short title

7. 1. SCHEDULE 1

      BUILDINGS THAT ARE EXCLUDED FROM BEING REGULATED BUILDINGS

      1. 1. A building that is used solely for the purposes of...

      2. 2. A building that is situated within premises that are used...

      3. 3. (1) A building that is used solely for the provision...

      4. 4. A building that is used solely as one or more...

      5. 5. A building that is used solely for the provision of...

      6. 6. A building that is used solely as a school within...

   2. SCHEDULE 2

      SPECIAL MEASURES ORDERS

      1. PART 1 PROCEDURE BEFORE APPLYING FOR SPECIAL MEASURES ORDER

         1. 1. Introductory

         2. 2. Notice that authority proposes to apply for special measures order

         3. 3. Notice of authority’s decision whether to apply for order

         4. 4. Requirement to include financial management proposal with notice of proposal or decision

         5. 5. Further provision about giving notices under this Part

      2. PART 2 FURTHER PROVISION ABOUT EFFECT AND IMPLEMENTATION OF SPECIAL MEASURES ORDER

         1. 6. Functions to be carried out by special measures manager

         2. 7. Effect of special measures order on compliance notices

         3. 8. Effect of special measures order on relevant contracts

         4. 9. Effect of special measures order on legal proceedings

         5. 10. Reimbursement of damages paid by special measures manager

         6. 11. Payments received by special measures manager to be held on trust

         7. 12. Power of tribunal to give further directions

         8. 13. Change in accountable person

      3. PART 3 REVIEW, VARIATION AND REVOCATION OF SPECIAL MEASURES ORDER

         1. 14. Duration of special measures order

         2. 15. Authority to keep certain matters under review

         3. 16. Variation or revocation of special measures order

         4. 17. Procedure before authority applies to vary special measures order

         5. 18. Directions where special measures order is varied or revoked

      4. PART 4 SUPPLEMENTARY

         1. 19. Notifications relating to special measures order

         2. 20. Power of tribunal to amend order under section 24 of the Landlord and Tenant Act 1987

         3. 21. Meaning of “interested person”

   3. SCHEDULE 3

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. 1. Health and Safety at Work etc. Act 1974 (c. 37)

      2. 2. Landlord and Tenant Act 1987 (c. 31)

      3. 3. In section 24, in subsection (2D), in the definitions of...

      4. 4. In section 24ZA— (a) in subsection (1), after “an occupied...

      5. 5‍. Fire and Rescue Services Act 2004 (c. 21)

      6. 6. In section 2, after subsection (11) insert—

      7. 7. In section 4, after subsection (7) insert—

      8. 8. In section 18B(8), at the end insert “or the Building...

      9. 9. Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541)

      10. 10. After article 7, insert— Disapplication of certain provisions: occupied regulated...

      11. 11. In article 21A (provision of information to residents of domestic...

      12. 12. In article 22A (provision of information to new responsible person)—...

      13. 13. Building Safety Act 2022 (c. 30)

   4. SCHEDULE 4

      FIRE SAFETY ORDER: TRANSITIONAL AND SAVING PROVISIONS

      1. 1. Existing fire risk assessments for regulated buildings

      2. 2. Existing HMO fire risk assessments for relevant HMOs

      3. 3. Existing notices issued under the Fire Safety Order