Building Safety (Wales) Act 2026

136 Interpretation E+W

(1) In this Act—

• “accountable person” (“person atebol”), in relation to a regulated building, has the meaning given by section 8;

• “adult resident” (“preswylydd sy’n oedolyn”) means a resident aged 18 or over;

• “building certificate” (“tystysgrif adeilad”) means a certificate issued under section 44;

• “building control approval” (“cymeradwyaeth rheolaeth adeiladu”) has the meaning given by paragraph 1B of Schedule 1 to the Building Act 1984 (c. 55);

• “building safety authority (“awdurdod diogelwch adeiladau”), and references to the building safety authority for a regulated building, are to be interpreted in accordance with section 122;‍

• “category 1 building” (“adeilad categori 1”), “category 2 building” (“adeilad categori 2”) and “category 3 building” (“adeilad categori 3”) are to be interpreted in accordance with sections 6 and 7;

• “common parts” (“rhannau cyffredin”), in relation to a regulated building, has the meaning given by section 13;

• “compliance notice” (“hysbysiad cydymffurfio”) means a notice given under section 96;

• “the Crown” (“y Goron”) is to be treated as including the Senedd Commission;

• “Crown premises” (“mangreoedd y Goron”) means premises owned, or occupied for any purpose, by the Crown;

• “duty holder” (“deiliad dyletswydd”), in relation to a relevant HMO, has the meaning given by section 79;

• “enactment” (“deddfiad”) includes any enactment whenever passed or made;

• “enforcing authority” (“awdurdod gorfodi”) has the meaning given by section 94(4);

• “fire” (“tân”) includes heat, flames, smoke and other gases or substances emitted by a fire;

• “fire risk assessment” (“asesiad risg tân”) has the meaning given by section 29(3);

• “fire safety authority” (“awdurdod diogelwch tân”), and references to the fire safety authority for a regulated building or a relevant HMO, are to be interpreted in accordance with section 126;

• “the Fire Safety Order” (“y Gorchymyn Diogelwch Tân”) means the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541);

• “fire safety risk” (“risg diogelwch tân”)—

  (a)

  in relation to a regulated building, has the meaning given by section 27(2);

  (b)

  in relation to a relevant HMO, has the meaning given by section 80;

• “HMO fire risk assessment” (“asesiad risg tân ar dy amlfeddiannaeth”) has the meaning given by section 81(2);

• “information notice” (“hysbysiad gwybodaeth”) means a notice given under section 95;

• “landlord” (“landlord”), in relation to a relevant HMO, has the meaning given by section 79;

• “local housing authority” (“awdurdod tai lleol”) and “the local housing authority” (“yr awdurdod tai lleol”) have the meanings given by section 261 of the Housing Act 2004 (c. 34);

• “occupied” (“wedi ei feddiannu”), in relation to a regulated building, means that there are residents of more than one residential unit in the building;

• “occurrence recording system” (“system cofnodi achlysuron”) means a system established and operated under section 38;

• “owner” (“perchennog”), in relation to a residential unit or any other premises, means a person who—

  (a)

  is for the time being receiving the rackrent of the premises, whether directly or through an agent or trustee, or

  (b)

  would so receive the rackrent if the premises were let at a rackrent,

  and for this purpose “rackrent” has the meaning given by section 126 of the Building Act 1984 (c. 55);

• “planning permission” (“caniatâd cynllunio”) has the meaning given by section 336(1) of the Town and Country Planning Act 1990 (c. 8);

• “principal accountable person” (“prif berson atebol”), in relation to a regulated building, has the meaning given by section 9;

• “prohibition notice” (“hysbysiad gwahardd”) means a notice given under section 98;

• “registered” (“cofrestredig”), in relation to a category 1 building or a category 2 building, means registered under section 20;

• “registered social landlord” (“landlord cymdeithasol cofrestredig”) means a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996 (c. 52);

• “regulated building” (“adeilad rheoleiddiedig”) is to be interpreted in accordance with sections 2 and 7;

• “relevant HMO” (“tŷ amlfeddiannaeth perthnasol”) is to be interpreted in accordance with section 78;

• “resident” (“preswylydd”), in relation to a regulated building or a part of such a building, means a resident of a residential unit in the building or part;

• “residential unit” (“uned breswyl”) has the meaning given by section 5;

• “residents’ engagement strategy” (“strategaeth ymgysylltu â phreswylwyr”) has the meaning given by section 40(2);

• “responsible person” (“person cyfrifol”) has the meaning given by article 3 of the Fire Safety Order;

• “safety case report” (“adroddiad achos diogelwch”) has the meaning given by section 37(2);

• “special measures manager” (“rheolwr mesurau arbennig”) means a person appointed by a special measures order;

• “special measures order” (“gorchymyn mesurau arbennig”) means an order under section 109;

• “structural risk assessment” (“asesiad risg strwythurol”) has the meaning given by section 34(2);

• “structural safety risk” (“risg diogelwch strwythurol”) has the meaning given by section 27(3).

(2) In this Act, references to the part of a regulated building for which an accountable person is responsible are to be interpreted in accordance with section 16.

(3) The Welsh Ministers may by regulations make provision about the meaning of being a “resident” of a residential unit.

Commencement Information

I1 S. 136 in force at 28.4.2026, see s. 138(1)(c)