- Latest available (Revised) - English
- Latest available (Revised) - Welsh
- Original (As enacted) - English
- Original (As enacted) - Welsh
Building Safety (Wales) Act 2026
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Building Safety (Wales) Act 2026, Section 90 is up to date with all changes known to be in force on or before 10 August 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 90:
- s. 90 coming into force by 2026 asc 5 s. 138(2)
Prospective
90Entry to non-residential premises by duty holderE+W
This section has no associated Explanatory Notes
(1)This section applies where—
(a)a duty holder for a relevant HMO makes a request to a relevant person for entry to relevant premises,
(b)the request is made for a purpose mentioned in subsection (2),
(c)the request complies with subsection (3), and
(d)entry to the premises is not given.
(2)The purposes are—
(a)where the duty holder is the landlord of the relevant HMO, enabling that person to comply with sections 81 to 84 or regulations made under those sections (assessment of fire safety risks);
(b)enabling the duty holder to comply with section 85 or regulations made under it (management of fire safety risks).
(3)A request complies with this subsection if it—
(a)is in writing,
(b)sets out the purpose for which it is made,
(c)explains why it is necessary to enter the relevant premises for that purpose, and
(d)requests entry on a date, and at a time, that is reasonable.
(4)The duty holder may apply to a residential property tribunal for a non-residential premises access order under this section.
(5)A non-residential premises access order under this section is an order that—
(a)requires the relevant person to allow the duty holder to enter the relevant premises at a reasonable time for the purpose set out in the request under subsection (3)(b), and
(b)if necessary for that purpose, authorises the person entering the premises in accordance with the order to measure or test anything, or take samples, photographs or recordings.
(6)A residential property tribunal may make a non-residential premises access order under this section if satisfied that it is necessary to do so for the purpose set out in the request under subsection (3)(b).
(7)The non-residential premises access order must specify a date on which, or a period within which, entry to the premises may be made.
(8)In this section—
“relevant person” (“person perthnasol”) means any person who has control over entry to the relevant premises;
“relevant premises” (“mangre perthnasol”) means any premises that—
(a)are wholly or partly above or below the relevant HMO, and
(b)are not—
(i)a residential unit or part of a residential unit, or
(ii)an area, or part of an area, provided for the use, benefit or enjoyment of residents of a particular residential unit, or particular residential units.
Commencement Information
I1S. 90 not in force at Royal Assent, see s. 138(2)
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of Senedd Cymru.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.