The Building (Amendment) (Wales) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Building Regulations 2010 (“the 2010 Regulations”).

Regulation 2(2) inserts definitions for “external wall” and “specified attachment” in regulation 2 (interpretation).

Regulation 2(3) amends regulation 4(2) (requirements relating to building work) to clarify its application to the requirements of regulation 7 (as amended).

Regulation 2(4) and (5) amends regulation 5 (meaning of material change of use) and 6 (requirements relating to material change of use) respectively to provide for the introduction of a new requirement for the materials contained in the external wall or specified attachment of a building which, following a change of use, is used as a building described in the new regulation 7(4). Such materials must achieve European Classification A2-s1, d0 or A1.

Regulation 2(6) amends regulation 7 to provide that, subject to the exempted items in new regulation 7(3), only materials which achieve European Classification A2-s1, d0 or A1 may become part of an external wall or specified attachment of a “relevant building”. New regulation 7(4) provides the definition for “relevant building”.

Regulation 2(7) makes amendments to regulation 37A to correct minor errors.

Regulation 3 makes transitional provisions so that the amendments made by regulation 2 will not apply where a building notice or initial notice has been given to, or full plans deposited with, a local authority before 13 January 2020 and the building work has already started or starts within 8 weeks of that date.

The Regulations were notified in draft (Notification No. 2019/0384/UK on 30 July 2019) to the European Commission in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council (OJ No L 241, 17.9.2015, p. 1), which lays down a procedure for the provision of information in the field of technical standards and regulation.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the website at www.gov.wales.

Copies of the British Standard referred to in these Regulations will be made available for inspection free of charge by contacting the Building Regulations Policy Team at Welsh Government at the address above.