Building Safety (Wales) Act 2026

4 Meaning of “independent part” E+W

(1) A part of an unattached structure or set of structures is an independent part of the structure or set if—

(a) it does not have access to any other part of the structure or set, and

(b) it constitutes a vertical division of the structure or set (see also subsection (5) in the case of an unattached structure).

(2) A part of an unattached structure or set of structures constitutes a vertical division of the structure or set if—

(a) the structure or set is divided by the part, and

(b) the division is along a vertical plane.

(3) In deciding whether a part (“part A”) of an unattached structure or set of structures constitutes a vertical division of the structure or set, any other part of the structure or set that—

(a) is a part to which part A does not have access,

(b) is a non-residential part, and

(c) would otherwise prevent part A from constituting a vertical division of the structure or set,

is to be treated as if it did not prevent part A from constituting a vertical division of the structure or set.

(4) A part of an unattached structure or set of structures is a non-residential part if it‍ meets both of the following conditions—

(a) it does not contain a residential unit or part of a residential unit;

(b) it does not contain an area, or part of an area, provided for the use, benefit or enjoyment of residents of residential units in the structure or set.

(5) In the case of a part of an unattached structure that—

(a) meets the criterion in subsection (1)(a), and

(b) would meet the criterion in subsection (1)(b), were it not that the part cannot divide the structure for the reason that the part constitutes the whole width of the structure,

the part is an independent part.

(6) The Welsh Ministers may by regulations provide that, in circumstances specified in the regulations, a part of an unattached structure or set of structures is an independent part, despite the part not meeting the criteria for being an independent part (as set out in this section).

(7) In this section, “access” means a doorway, archway or similar opening but does not include a doorway, archway or similar opening intended for exceptional use (including emergency use) or use for the purposes of maintenance.

Commencement Information

I1 S. 4 in force at 28.4.2026, see s. 138(1)(a)