The Building (Amendment) (Wales) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Buildings Regulations 2010 (the “2010 Regulations”). They transpose Article 8 of Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks(1).

Regulation 2(4) inserts a new Part 9A into the 2010 Regulations, which provides for compliance with a new Part R (physical infrastructure for high speed electronic communications networks) of Schedule 1 to those Regulations. Regulation 2(5) inserts the new Part R, which requires all new buildings and those subject to major renovation, to be equipped with physical infrastructure up to a point where connection can be made to high speed electronic communications networks. It also requires that multi-dwelling buildings should be equipped with an access point to that network.

New regulations 44A and 44B of the 2010 Regulations are inserted by regulation 2(4). New regulation 44A applies Part R to categories of building which would not otherwise be covered by the 2010 Regulations. New regulation 44B sets out exemptions from the requirements of Part R.

Regulation 2 further amends the 2010 Regulations. Regulation 2(2) provides that the new Part R applies to buildings which would otherwise be exempt as falling within class 1 (buildings controlled under other legislation) of Schedule 2 to the 2010 Regulations. Regulation 2(3) excludes new Part R from the power of the local authority under section 8(1) of the Building Act 1984 and regulation 11 of the 2010 Regulations to dispense with or relax requirements in the 2010 Regulations.

Regulation 3 contains a transitional provision.

A regulatory impact assessment has been prepared in relation to these Regulations. Copies may be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the website at https://www.wales.gov.uk .

(1)

OJ L155, 23 May 2014, p. 1.