The Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations define what constitutes a higher-risk building for the purposes of section 120I of the Building Act 1984 (“the 1984 Act”). Part 3 of the Building Safety Act 2022 (“the 2022 Act”), which inserted section 120I into the 1984 Act, makes provision for higher-risk buildings to be subject to an enhanced regulatory regime during the design and construction phase.

Regulation 3 defines a higher-risk building as a building that is either at least 18 metres in height or has at least 7 storeys, where it also contains at least one residential unit or is a hospital, care home or children’s home. Regulation 4 details how the height of a building is to be measured. Regulation 5 makes provision about how the number of storeys that a building has is to be calculated. Regulation 6 lists buildings that are excluded from the definition in regulation 3 and are therefore not higher-risk buildings for the purposes of the enhanced regulatory regime.

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.