The Building (Amendment) (Wales) (No. 2) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Building Regulations 2010 (“the Building Regulations”) as they apply in relation to Wales and the Building (Amendment) (Wales) Regulations 2022 (“the 2022 Amendment Regulations”).

Schedule 1 of the Building Regulations contains requirements for carrying out building work. Regulation 2 extends paragraph L2 of Schedule 1 (on-site generation of electricity) to non-domestic buildings.

Regulation 3 makes amendments to the transitional provisions in regulation 21 of the 2022 Amendment Regulations. The amendments in Regulation 3 correct minor errors and exclude Parts 2 and 3 of the 2022 Amendment regulations from applying to sites falling under previous transitional provisions. It does this by specifying the relevant dates for when a notification provision should have been complied with (31 July 2014) and building work started (31 July 2015).

Regulation 4 makes transitional provisions so that the amendment made by Regulation 2 does not apply where building work on an individual building has started in accordance with a relevant notification provision, provided that the building work on that building has already commenced or a relevant notification provision has already been complied with and building work on that building is started within 12 months of these Regulations coming into force. Regulation 4 also excludes the amendment to Part L (Regulation 2) from applying to sites as set out in Regulation 3.

The Building Act 1984 gives the Secretary of State the power to approve and issue documents containing practical guidance with respect to the requirements contained in the Building Regulations. That power is exercisable by the Welsh Ministers insofar as it applies to Wales.

Approved Document L Volume 2, 2022 edition, contains practical guidance on meeting the requirements of the Building Regulations which have been amended by this instrument. The Approved Documents are published by the Welsh Ministers and may be accessed at www.gov.wales.

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 Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.