Building Safety (Wales) Act 2026

Prospective

121 Co-operation and information: duties of responsible persons under Fire Safety Order E+W

(1) The Fire Safety Order is amended as follows.

(2) After article 22B insert—

“22C Wales: co-operation with accountable persons and duty holders

(1) This article applies in relation to premises forming part of a building where—

(a) the building, or any part of it, is a regulated building, or

(b) any part of the building is a relevant HMO.

(2) The responsible person for the premises (“P”) must take such steps as are reasonably practicable to ascertain whether there are one or more other persons who are (as the case may be)—

(a) accountable persons for the regulated building, or

(b) duty holders for the relevant HMO.

(3) If there are, P must co-operate with each of those persons for the purpose of those persons carrying out their duties under the Building Safety (Wales) Act 2026.

(4) If P becomes aware that a person is treated as an accountable person for the building by virtue of section 36 of the Building Safety (Wales) Act 2026, P must co-operate with the person for the purpose of the person carrying out their duties under that Act.

(‍5) In this article, article 22D and article 22E—

• “accountable person” has the meaning given by section 8 of the Building Safety (Wales) Act 2026;

• “duty holder” has the meaning given by section 79 of that Act;

• “regulated building” has the meaning given by sections 2 and 7 of that Act;

• “relevant HMO” has the meaning given by section 78 of that Act.

22D Wales: sharing information with accountable person‍s

(1) This article applies in relation to premises forming part of a building where the building, or any part of it, is a regulated building.

(2) A responsible person in relation to the premises must give information or a document to a person (“A”) who—

(a) is either—

(i) an accountable person for the building, or

(ii) a person treated as an accountable person for the building by virtue of section 36 of the Building Safety (Wales) Act 2026, and

(b) makes a request in accordance with paragraph (3).

(3) A request is made in accordance with this paragraph if—

(a) the information or document is necessary for A to comply with a requirement under the Building Safety (Wales) Act 2026 or regulations made under it,

(b) A gives the relevant person a written request that—

(i) states that the request is made pursuant to this article,

(ii) explains why A requires the information or document,

(iii) states the address to which the information or document must be given, and

(iv) states that the information or document must be given before the end of a specified date no less than 14 days after the day on which the request is given, and

(c) it is reasonable for the relevant person to give A the information or document.

(4) The disclosure of information or a document in accordance with this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information or a document (however imposed).

(5) But see also section 183A of the Data Protection Act 2018 (c. 12) (protection of requirements for processing personal data).

22E Wales: provision of information to duty holders

(1) This article applies in relation to premises forming part of a building where any part of the building is a relevant HMO.

(2) A responsible person in relation to the premises must give information or a document to a person (“D”) who—

(a) is a duty holder for a relevant HMO in the building, and

(b) makes a request in accordance with paragraph (3).

(3) A request is made in accordance with this paragraph if—

(a) the information or document requested is necessary for D to comply with a requirement under the Building Safety (Wales) Act 2026 or regulations made under it,

(b) D gives the responsible person a written request that—

(i) states that the request is made pursuant to this article,

(ii) explains why D requires the information or document,

(iii) states the address to which the information or document must be given, and

(iv) states that the information or document must be given before the end of a specified date no less than 14 days after the day on which the request is given, and

(c) it is reasonable for the responsible person to give D the information or document.

(4) The disclosure of information or a document in accordance with this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information or a document (however imposed).

(5) But see also section 183A of the Data Protection Act 2018 (c. 12) (protection of requirements for processing personal data).”

(3) In the heading of article 22B, for “Co-operation” substitute “England: co-operation”.

(4) In the following provisions, for “22B” substitute ‍“22E”—

(a) article 5(1), (2), (3) and (5);‍

(b) article 50(1) and (1A).‍

(5) In article 26, after paragraph (3), insert—

“(4) In paragraph (1), the reference to “this Order does not include Articles 22C to 22E (but see section 94 of the Building Safety (Wales) Act 2026).”

(6) In article 27, after paragraph (5), insert—

“(6) In paragraph (1), references to “this Order do not include Articles 22C to 22E.”

(7) In article 30, after paragraph (7), insert—

“(8) In paragraphs (1) and (4), references to “this Order do not include Articles 22C to 22E.”

(8) In article 36, after paragraph (6), insert—

“(7) In paragraph (1)(a), the reference to “this Order does not include Articles 22C to 22E.”

Commencement Information

I1 S. 121 not in force at Royal Assent, see s. 138(2)