2024 No. 1268 (W. 214)

Building And Buildings, Wales

The Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024
Made
28 November 2024
Laid before Senedd Cymru
3 December 2024
Coming into force
1 January 2025
The Welsh Ministers make these Regulations in exercise of the powers conferred on them by sections 1(1) , 2A , 34, 35, 47(1) , (2), (3), (4) and (5) , 50(1A), (1D) , (4) , (6), and (7) , 51(1) and (2), 51A(2) , (3), (5) and (6), 52(1) , (2) and (4), 53(2), (4), (4B) , (4C) , and (7), 53B(5) , (2) , (3) , (5) , (5A) and (7) , 52A(1) , 53C(3) and (6), 53D(2) , (3), (5), 54(1) , (2) and (3), 56(1) , 58C(5), 58O(4), 58U(4), 58V(4) , and 92(2) of, and paragraphs 1 , 1A, 1D, 1F, 1G, 1H, 1I , 5B , 7 , 8 and 10 of Schedule 1 and paragraphs 1, 2 , 3 , 4( and 5 of Schedule 4 to, the Building Act 1984 and sections 41 and 167(1) of the Building Safety Act 2022 .
The Welsh Ministers have, in accordance with section 14(7) of the 1984 Act, consulted the Building Regulations Advisory Committee for Wales.
PART 1

General

Title, coming into force and application
1
1
The title of these Regulations is the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024.
2
These Regulations come into force on 1 January 2025.
3
These Regulations apply in relation to Wales.

Interpretation
2
1
In these Regulations—
- “the 1984 Act” (“Deddf 1984”) means the Building Act 1984;
- “the 2010 Regulations” (“Rheoliadau 2010”) means the Building Regulations 2010 ;
- “amendment notice” (“hysbysiad diwygio”) has the meaning given by section 51A of the 1984 Act;
- “approver” (“cymeradwywr”) means a registered building control approver within the meaning of section 58N of the 1984 Act ;
- “building” (“adeilad”) has the meaning given by regulation 2(1) of the 2010 Regulations;
- “building regulations” (“rheoliadau adeiladu”) has the meaning given by section 122 of the 1984 Act;
- “building work” (“gwaith adeiladu”) has the meaning as given by regulation 3(1) of the 2010 Regulations;
- “dwelling” (“annedd”) has the meaning given in regulation 2(1) of the 2010 Regulations;
- “erection” (“codi”) has the same meaning as given in section 123 of the 1984 Act;
- “fire and rescue authority” (“awdurdod tân ac achub”) means the enforcing authority within the meaning given by article 25 of the Regulatory Reform (Fire Safety) Order 2005 ;
- “FSO building” (“adeilad GDT”) means a building or any part of it to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of building work;
- “initial notice” (“hysbysiad cychwynnol”) has the meaning given by section 47(1)(a) of the 1984 Act;
- “local authority” (“awdurdod lleol”) means the council of a county or county borough;
- “material alteration” (“addasiad sylweddol”) has the meaning given by regulation 3(2) of the 2010 Regulations;
- “material change of use” (“newid defnydd sylweddol”) has the meaning given by regulation 5 of the 2010 Regulations;
- “plans certificate” (“tystysgrif blaniau”) has the meaning given by section 50(1) of the 1984 Act;
- “public body” (“corff cyhoeddus”) has the meaning given by section 54(1) of the 1984 Act;
- “public body’s final certificate” (“tystysgrif derfynol corff cyhoeddus”) means a certificate given under paragraph 3 of Schedule 4 to the 1984 Act;
- “public body’s notice” (“hysbysiad corff cyhoeddus”) means a notice given under section 54(1)(c) of the 1984 Act;
- “public body’s plans certificate” (“tystysgrif blaniau corff cyhoeddus”) means a certificate given under paragraph 2 of Schedule 4 of the 1984 Act;
- “registered building inspector” (“arolygydd cofrestredig adeiladu”) means an individual registered as a building inspector in accordance with Part 2A of the 1984 Act ;
- “sewerage undertaker” (“ymgymerwr carthffosiaeth”) means a person appointed under section 6 of the Water Industry Act 1991 for the area in which the building is, or is to be, situated;
- “transfer certificate” (“tystysgrif drosglwyddo”) means a certificate given in accordance with section 53B of the 1984 Act;
- “transfer report” (“adroddiad trosglwyddo”) means a report given in accordance with section 53B of the 1984 Act.
2
Where any provision in these Regulations requires the use of a numbered form in Schedule 1, a form substantially to the like effect may be used.
3
Any reference in these Regulations to the carrying out of work includes a reference to the making of a material change of use.
4
Any reference in these Regulations to an initial notice (whether or not combined with a plans certificate) is to be construed as a reference to that initial notice as amended by an amendment notice which has been accepted by a local authority.
PART 2

Registered building control approvers

Independence of approvers
3
1
Approvers must have no professional or financial interest in the work they supervise.
2
A person (“P”) is regarded as having a professional or financial interest in the work described in any notice or certificate given under these Regulations if—
a
P is or has been responsible for the design or construction of any of the work in any capacity;
b
P or any nominee of P’s is a member, officer or employee of a company or other body which has a professional or financial interest in the work;
c
P is a partner or is in the employment of a person who has a professional or financial interest in the work.
3
For the purposes of this regulation—
a
P is treated as having a professional or financial interest in the work even if P has that interest only as a trustee for the benefit of some other person;
b
in the case of married persons or civil partners living together, the interest of one spouse or partner is, if known to the other, deemed to be also an interest of the other.
4
For the purposes of this regulation the following are not to be regarded as a professional or financial interest—
a
involvement in the work as an approver,
b
entitlement to any fee paid for P’s function as an approver,
c
entitlement to any fee paid for an employee of P carrying out a function as a registered building inspector, and
d
potential liability to pay any sum if a claim is made under any insurance cover.

Functions of approvers
4
1
For as long as an initial notice continues in force, the approver who gave the notice must take such steps (which may include the making of tests of building work and the taking of samples of materials) as are reasonable to enable the approver to be satisfied within the limits of professional skill and care that the provisions specified in paragraph (2) (as modified by regulation 5 (modification of 2010 Regulations etc.)) are complied with.
2
The provisions referred to in paragraph (1) are—
a
in the 2010 Regulations—
i
regulation 4 (requirements relating to building work),
ii
regulation 6 (requirements relating to material change of use),
iii
regulation 7 (materials and workmanship),
iv
regulation 20 (provisions applicable to self-certification schemes),
v
regulation 22 (requirements relating to a change to energy status),
vi
regulation 23 (requirements for the renovation or replacement of thermal elements),
vii
regulation 25A (consideration of high-efficiency alternative systems for new buildings),
viii
regulation 26 (CO2 emission rates for new buildings),
ix
regulation 26A (primary energy rates for new buildings),
x
regulation 26B (fabric performance values for new dwellings),
xi
regulation 26C (minimum energy efficiency rating),
xii
regulation 27 (CO2 emission rate calculations),
xiii
regulation 27A (primary energy consumption rate calculations),
xiv
regulation 27B (fabric performance values calculations),
xv
regulation 27C (target primary energy rate calculations for new buildings),
xvi
regulation 28 (consequential improvements to energy performance),
xvii
regulation 36 (water efficiency of new dwellings),
xviii
regulation 37 (wholesome water consumption calculation),
xix
regulation 37A (provision of automatic fire suppression systems),
xx
regulation 38 (fire safety information),
xxi
regulation 39 (information about ventilation),
xxii
regulation 40 (information about use of fuel and power),
xxiii
regulation 40A (information about systems for on-site generation of electricity),
xxiv
regulation 40B (information about overheating),
xxv
regulation 41 (sound insulation testing),
xxvi
regulation 42 (mechanical ventilation air flow rate testing),
xxvii
regulation 43 (pressure testing),
xxviii
regulation 44 (commissioning), ...
xxix
regulation 44ZA (commissioning in respect of a system for on-site electricity generation), and
xxx
regulation 44ZAA (particulars of connection to public electronic communications network), and
b
in the Energy Performance of Buildings (England and Wales) Regulations 2012 , regulation 7A (energy performance certificates on construction).

Modification of the 2010 Regulations etc.
5
1
The 2010 Regulations apply with the modifications in paragraph (2) to (11).
2
Regulations 20 (provisions applicable to self-certification schemes), 25A (consideration of high-efficiency alternative systems for new buildings), 27 (CO2 emission rate calculations), 27A (primary energy consumption rate calculations), 27B (fabric performance values calculations), 27C (target primary energy rate calculations for new buildings), 37 (wholesome water consumption calculation), 41 (sound insulation testing), 42 (mechanical ventilation air flow rate testing), 43 (pressure testing), 44 (commissioning), 44ZA (commissioning in respect of a system for on-site electricity generation) and 44ZAA (particulars of connection to public electronic communications network) of the 2010 Regulations apply in relation to building work which is the subject of an initial notice as if references to the local authority were references to the approver.
3
Regulation 27(3) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, the initial notice ceases to be in force”.
4
Regulation 27A(3) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, the initial notice ceases to be in force”.
5
Regulation 27B(3) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 the initial notice ceases to be in force”.
6
Regulation 27C(3) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 the initial notice ceases to be in force”.
7
Regulation 37(2) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed” there were inserted “, or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 the initial notice ceases to be in force”.
8
Regulation 38 of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if for paragraph (2) there were substituted—
2
The person carrying out the work must give the fire safety information to the responsible person no later than whichever is the earlier of—
a
the date of completion of the work to which the initial notice relates;
b
the date of occupation of the building or extension;
c
the date on which in accordance with regulation 14 (events causing initial notice to cease to be in force) of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, the initial notice ceases to be in force.
.
9
Regulation 41 of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if—
a
for paragraph (3)(b) there were substituted–—
b
given to the approver in accordance with paragraph (2)(b) not later than 5 days after completion of the work to which the initial notice relates.
;
b
for the words in paragraph (4) “not later than the date on which notice of commencement of the work is given under regulation 16(1)” there were substituted the words “prior to commencement of the building work on site”.
10
Regulation 44 of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if for paragraph (4) there were substituted—
4
The notice must be given to the approver—
a
subject to sub-paragraphs (b) and (c), not later than 5 days after completion of the work to which the initial notice relates;
b
where regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 applies, not later than the date on which the initial notice ceases to be in force or, if earlier, the end of the period referred to in sub-paragraph (a);
c
where regulation 20 applies by virtue of regulation 5 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, not later than the date on which the notice or certificate required by that regulation must be given.
.
11
Regulation 44ZA of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if for paragraph (3) there were substituted—
3
The notice must be given to the approver—
a
subject to sub-paragraphs (b) and (c), not later than 5 days after completion of the work to which the initial notice relates;
b
where regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 applies, not later than the date in which the initial notice ceases to be in force or, if earlier, the end of the period referred to in sub-paragraph (a);
c
where regulation 20 applies by virtue of regulation 5 of the Building (Registered Building Control Approvers etc.) Regulations 2024, not later than the date on which the notice or certificate required by that regulation must be given.
.
12
Regulation 7A(3) of the Energy Performance of Buildings (England and Wales) Regulations 2012 applies in relation to building work which is the subject of an initial notice as if—
a
references to the local authority were references to the approver, and
b
in paragraph (3), after “work has been completed” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, the initial notice ceases to be in force”.
PART 3

Notices and certificates etc.

Form, grounds and period for rejecting initial notice
6
1
The prescribed form of an initial notice—
a
which is not combined with a plans certificate, is Form 1(W) in Schedule 1, or
b
which is combined with a plans certificate, is Form 4(W) in Schedule 1.
2
An initial notice must be accompanied by the plans and documents described in the relevant form prescribed by paragraph (1).
3
The grounds on which a local authority must reject an initial notice are those prescribed in Schedule 2, and the form to be used for rejecting an initial notice (whether combined with a plans certificate or otherwise) is Form 7(W) in Schedule 1.
4
The period within which a local authority may give notice of rejection of an initial notice is 5 working days beginning with the day on which the notice is given.

Form, grounds and period for rejecting amendment notice
7
1
The prescribed form of an amendment notice is Form 2(W) in Schedule 1.
2
An amendment notice must be accompanied by the plans and documents described in the form prescribed by paragraph (1).
3
The grounds on which a local authority must reject an amendment notice are those prescribed in paragraphs 1 to 11 of Schedule 2 and the form to be used for rejecting an amendment notice is Form 7(W) in Schedule 1.
4
The period within which a local authority may give notice of rejection of an amendment notice is 5 working days beginning with the day on which the notice is given.

Consultation with the fire and rescue authority
8
1
This regulation applies where—
a
an initial notice is to be given or has been given in relation to—
i
the erection, extension or material alteration of an FSO building, or
ii
in relation to building work in connection with a relevant change of use of a building, and
b
Part B of Schedule 1 to the 2010 Regulations imposes requirements in relation to the work.
2
Where this regulation applies, the approver must consult the fire and rescue authority—
a
before, or as soon as practicable after, giving an initial notice in relation to the work,
b
before, or as soon as practicable after, giving a relevant amendment notice in relation to the work,
c
before giving a plans certificate (whether or not combined with an initial notice), and
d
before giving a final certificate.
3
An approver required by paragraph (2) to consult the fire and rescue authority must give to the fire and rescue authority—
a
in a case where the approver is consulting them in connection with an initial notice or an amendment notice, sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of Part B of Schedule 1 to the 2010 Regulations, and
b
in a case where the approver is consulting them in connection with the giving of a plans certificate, a copy of the plans in relation to which the approver intends to give the certificate.
4
An approver required by paragraph (2) to consult the fire and rescue authority—
a
must have regard to any views expressed by the authority, and
b
must not give a plans certificate or a final certificate until 15 working days have elapsed from the day on which the approver consulted the authority, unless the authority have expressed their views to the approver before the expiry of that period.
5
Where a local enactment would, if plans were deposited in accordance with building regulations, require the local authority to consult the fire and rescue authority before or during the carrying out of any work, the approver must consult the fire and rescue authority in a manner similar to that required by that enactment.
6
In this regulation—
- “relevant change of use” is a material change of use where, after the change of use takes place, the Regulatory Reform (Fire Safety) Order 2005 will apply, or continue to apply, to the building or any part of it;
- “relevant amendment notice” is an amendment notice where—
  1. any of the work specified in the initial notice, as varied by the amendment notice, being work which could not have been carried out under the original notice (“additional work”)—
    1. concerns the erection, extension or material alteration of an FSO building, or
    2. is building work in connection with a relevant change of use of a building, and
  2. Part B of Schedule 1 to the 2010 Regulations imposes requirements in relation to the additional work.

Consultation with the sewerage undertaker
9
1
This regulation applies where an initial notice or amendment notice is to be given or has been given in respect of work in relation to which paragraph H4 of Schedule 1 to the 2010 Regulations imposes requirements.
2
Where this regulation applies, the approver must consult the sewerage undertaker—
a
before, or as soon as practicable after, giving an initial notice in relation to the work,
b
before, or as soon as practicable after, giving an amendment notice in relation to the work,
c
before giving a plans certificate (whether or not combined with an initial notice), and
d
before giving a final certificate.
3
An approver required by paragraph (2) to consult the sewerage undertaker must give to the sewerage undertaker—
a
in a case where the approver is consulting them in connection with an initial notice or an amendment notice, sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of paragraph H4 of Schedule 1 to the 2010 Regulations, and
b
in a case where the approver is consulting them in connection with the giving of a plans certificate, a copy of the plans in relation to which the approver intends to give the certificate.
4
An approver required by paragraph (2) to consult the sewerage undertaker—
a
must have regard to any views expressed by the undertaker, and
b
must not give a plans certificate or a final certificate until 15 working days have elapsed from the day on which the approver consulted the undertaker, unless the undertaker has expressed their views to the approver before the expiry of that period.

Form, grounds and period for rejecting plans certificate
10
1
The prescribed form of a plans certificate—
a
which is not combined with an initial notice, is Form 3(W) in Schedule 1, or
b
which is combined with an initial notice, is Form 4(W) in Schedule 1.
2
The grounds on which a local authority must reject a plans certificate which is not combined with an initial notice are those prescribed in Schedule 3 and the form to be used for rejecting a plans certificate is Form 7(W) in Schedule 1.
3
The grounds on which a local authority must reject a plans certificate combined with an initial notice are those prescribed in Schedule 2 and Schedule 3 and the form to be used for rejecting a plans certificate is Form 7(W) in Schedule 1.
4
The period within which a local authority may give notice of rejection of a plans certificate (whether or not combined with an initial notice) is 5 working days beginning on the day on which the certificate is given.

Effect of plans certificate
11
If an initial notice ceases to be in force as described in section 47(4)(b) of the 1984 Act (cancellation etc. of an initial notice) and the conditions in section 53(2) of the 1984 Act (plans certificate given, accepted and not rescinded) are satisfied, the local authority may not, in relation to any work described in the certificate which has been carried out in accordance with the plans to which the certificate relates—
a
give a notice under section 36(1) of the 1984 Act (removal or alteration of work which contravenes building regulations), or
b
institute proceedings under section 35 of the 1984 Act for a contravention of building regulations.

Form, grounds and period for rejecting final certificate
12
1
The prescribed form of a final certificate is Form 5(W) in Schedule 1.
2
The grounds on which a local authority must reject a final certificate are those prescribed in Schedule 4 and the form to be used for rejecting a final certificate is Form 7(W) in Schedule 1.
3
The period within which a local authority may give notice of rejection of a final certificate is 10 working days beginning with the day on which the certificate is given.
4
A final certificate given by an approver to a local authority in accordance with these Regulations is evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.

Form of notice under section 51C of the 1984 Act
13
When giving a notice under section 51C(2) of the 1984 Act (change of person intending to carry out work) the form set out as Form 8(W) in Schedule 1 must be used.

Events causing initial notice to cease to be in force
14
1
Where a final certificate given in respect of work described in an initial notice is rejected, the initial notice ceases to be in force in relation to the work described in the final certificate on the expiry of a period of 4 weeks beginning with the day on which notice of rejection is given.
2
Paragraph (3) applies where work described in an initial notice includes the erection, extension or material alteration of a building, and—
a
the building or, as the case may be, the extension or any part of the building which has been materially altered is occupied, and
b
no final certificate is given.
3
The initial notice ceases to be in force in relation to the building, extension or part of a building which is occupied—
a
if the building is an FSO building, except where it contains only flats and common parts for those flats, on the expiry of a period of 4 weeks beginning with the day of occupation, and
b
in any case, on the expiry of a period of 8 weeks beginning with the day of occupation.
4
The initial notice ceases to be in force in relation to a material change of use of a building on the expiry of a period of 8 weeks beginning with the day on which that change of use takes place, if—
a
no final certificate is given, and
b
that change of use takes place.
5
In any other case where no final certificate is given, an initial notice ceases to be in force on the expiry of a period of 8 weeks beginning with the day on which the work described in the initial notice is substantially completed.
6
An initial notice does not cease to be in force by virtue of paragraphs (2) and (3) because part of a building or extension is occupied if a final certificate has been accepted in respect of that part.
7
A local authority may extend any period referred to in this regulation either before or after its expiry.
8
In this regulation, “flat” has the meaning given by regulation 2(1) of the 2010 Regulations.

Cancellation of initial notice: forms etc.
15
1
Form 9(W) in Schedule 1 is the form of notice to be given, by an approver, to cancel an initial notice in accordance with section 52(1) of the 1984 Act based on a condition in section 52(1)(a) to (f) of the 1984 Act.
2
Form 10(W) in Schedule 1 is the form of notice to be given, by a person carrying out or intending to carry out work, to cancel an initial notice in accordance with section 52(3) of the 1984 Act.
3
Form 11(W) in Schedule 1 is the form of notice to be given, by a local authority, to cancel an initial notice in accordance with section 52(5A) of the 1984 Act based on a condition in section 52(5B)(a) to (d) of the 1984 Act.
4
Form 12(W) in Schedule 1 is the form of notice to be given, by a local authority under section 52(7) of the 1984 Act, to the person shown in the initial notice as the approver.
5
Form 13(W) in Schedule 1 is the form of notice to be given, by an approver, to cancel an initial notice in accordance with section 52A(1) of the 1984 Act.
6
Form 14(W) in Schedule 1 is the form of notice to be given, by a person carrying out or intending to carry out work, to cancel an initial notice in accordance with section 52A(2) of the 1984 Act.
7
Form 15(W) in Schedule 1 is the form of notice to be given, by a local authority, to cancel an initial notice in accordance with section 52A(4) of the 1984 Act.
8
Form 16(W) in Schedule 1 is the form of notice to be given, by a local authority, to cancel an initial notice in accordance with section 53D(2) of the 1984 Act.
9
Form 17(W) in Schedule 1 is the form of notice to be given, by a person carrying out or intending to carry out work, to cancel an initial notice in accordance with section 53D(3) of the 1984 Act.

Cancellation of initial notice: notice of contravention of building regulations
16
1
Where an approver is of the opinion that an initial notice should be cancelled under section 52(1)(c) of the 1984 Act for contravention of any provision of building regulations, the approver must first give notice in writing to the person carrying out the work (“C”) specifying—
a
the requirement of building regulations which in the approver’s opinion has not been complied with, and
b
the location of the work which contravenes that requirement.
2
A notice given in accordance with paragraph (1) must inform C that if, by the end of the period specified in paragraph (3), C has neither pulled down nor removed the work nor effected such alterations in it as may be necessary to make it comply with building regulations, the approver will cancel the initial notice.
3
The period within which C is to remedy the contravention is 3 months beginning with the working day on which the notice under paragraph (1) is given.
PART 4

Transfer of projects back to local authority

Local authority powers in relation to partly completed work
17
1
This paragraph applies where—
a
any part of the work described in an initial notice has been carried out,
b
the initial notice has ceased to be in force by reason of regulation 14 (events causing initial notice to cease to be in force) or has been cancelled by notice under section 52 or 53D of the 1984 Act, and
c
no other initial notice relating to that part of the work has been accepted.
2
Where paragraph (1) applies, the owner must—
a
on being given reasonable notice by the local authority, provide them with—
i
sufficient plans of the work carried out, in respect of which no final certificate has been given, to show whether any part of that work would, if carried out in accordance with the plans, contravene any provision of the 2010 Regulations, and
ii
where a plans certificate was given and not rejected in respect of any such part of the work, a copy of the plans to which it relates, and
b
comply with any notice in writing from the local authority requiring the owner within a reasonable time to cut into, lay open or pull down so much of the work as prevents the local authority from ascertaining whether any work in relation to which there is no final certificate contravenes any requirement in the 2010 Regulations.
3
Where paragraph (1) applies and work in relation to a building has begun but not been completed, a person who intends to carry out further work in relation to the partly completed work must give the local authority sufficient plans to show that the intended work will not contravene any requirement in the 2010 Regulations, including such plans of any part of the work already carried out as may be necessary to show that the intended work can be carried out without contravening any such requirement.
4
Plans given to a local authority in accordance with paragraph (3) are not to be regarded as plans deposited in accordance with building regulations.

Periods within which information on work to which an initial notice relates must be provided
18
1
For the purposes of section 53(4B) of the 1984 Act, the period within which a person shown in the initial notice as the approver (“P”) is required to give information to the local authority is 21 days beginning with the day on which the local authority gives P a notice under section 53(4A). This period may be extended by mutual agreement between P and the local authority.
2
For the purposes of section 53(4C) of the 1984 Act, the period within which P is required to give information to the person carrying out or intending to carry out the work (“C”) is—
a
21 days beginning with the day on which the local authority gave P a notice under section 53(4A) or such extended period as is agreed between P and the local authority in accordance with paragraph (1), or
b
in relation to information requested by C under section 53(4C)(c), or information requested by C under section 53(4C)(b), 21 days beginning with the day on which C gives P a notice under section 53(4C)(c).
3
The period in paragraph (2)(b) may be extended by mutual agreement between P and C.
PART 5

Transfer of projects to another approver

Section 53(7): prescribed provision
19
For the purposes of section 53(7)(a)(iii) of the 1984 Act, section 52(1)(a) of the 1984 Act is prescribed.

Information to be included in transfer certificates
20
1
For the purposes of section 53B(5)(b) of the 1984 Act, a transfer certificate must contain the following information—
a
a statement describing the original work and the unfinished work;
b
a statement describing all the steps the approver has taken to determine, in accordance with section 53B(2) of the 1984 Act, whether the unfinished work contravenes any provision of the building regulations, in particular listing—
i
each inspection or laying open of the work undertaken;
ii
each report of any inspection or laying open of work produced;
iii
any other assessment of the work which was considered;
c
a statement setting out the name and address of the registered building inspector from whom advice was obtained under section 54B(3) of the 1984 Act before giving the transfer certificate;
d
a declaration, signed and dated by the approver, confirming—
i
the approver has inspected the unfinished work,
ii
the approver has determined that, as at the date of the transfer certificate, the unfinished work does not contravene any provision of the building regulations,
iii
each report or assessment referred to in the statement under paragraph (b) has been included in the transfer report given under section 53B of the 1984 Act,
iv
the approver has obtained advice from a registered building inspector under section 54B(3) of the 1984 Act before giving the transfer certificate, and
v
the approver has received the agreement of the person carrying out or intending to carry out the work to submit the transfer certificate and transfer report.
2
In this regulation—
a
“original work” has the meaning given in section 53(7) of the 1984 Act;
b
“unfinished work” has the meaning given in section 53B(9) of the 1984 Act.

Period for consideration of transfer certificate and report by local authority
21
For the purposes of section 53C(6)(a) of the 1984 Act, the prescribed period is 28 days beginning with the day on which the transfer certificate and transfer report is given to the local authority.

Grounds for rejection of a transfer certificate and transfer report
22
The grounds on which a local authority may reject a transfer certificate and transfer report are those prescribed in Schedule 5.

Cases where a further initial notice may be given after cancellation of an initial notice under section 53D
23
1
For the purposes of section 53D(5) of the 1984 Act, the following circumstances are prescribed—
a
the business of the approver to which the initial notice relates has ceased for any reason, including in the case of insolvency;
b
the person carrying out or intending to carry out the work has cancelled the initial notice under section 53D(3) of the 1984 Act because they were satisfied the approver was unable to carry out (or continue to carry out) their functions with respect to any of the work to which the initial notice relates;
c
the approver is given a specified disciplinary order during the relevant period (as defined in section 53B(7) of the 1984 Act).
2
In this regulation a “specified disciplinary order” means—
a
any disciplinary order under section 58U(2)(b) of the 1984 Act (variation of registration) such that the approver is no longer able to carry out their functions with respect to any of the work to which the initial notice relates;
b
any disciplinary order under section 58U(2)(c) of the 1984 Act (suspension of registration) excluding any suspension which is as a consequence of functions in relation to the unfinished work or work for the person carrying out the work;
c
an order under section 58V of the 1984 Act (interim suspension for suspected serious contravention) excluding any interim suspension which is as a consequence of functions in relation to the unfinished work or work for the person carrying out the work;
d
any disciplinary order under section 58U(2)(d) of the 1984 Act (cancellation of registration) excluding any cancellation which is as a consequence of functions in relation to the unfinished work or work for the person carrying out the work.
PART 6

Public Bodies

Approval of public bodies
24
1
If it appears to the Welsh Ministers, that—
a
public bodies of a certain description should be enabled to supervise their own work under section 54 of the 1984 Act, or
b
that a public body should be approved for the purpose of so supervising its own work,
the Welsh Ministers may approve that description of body or, as the case may be, that body in writing and take such steps as appear to them appropriate to inform those local authorities and public bodies which will be affected by the giving of the approval.
2
The Welsh Ministers may withdraw the approval by a notice in writing given to any public body affected, and take such steps as appears to them appropriate to inform local authorities of such withdrawal.

Form, grounds and period for rejecting public body’s notice
25
1
The prescribed form of a public body’s notice—
a
which is not combined with a public body’s plans certificate, is Form PB1(W) in Schedule 1, or
b
which is combined with a public body’s plans certificate, is Form PB3(W) in Schedule 1.
2
A public body’s notice must be accompanied by the plans and documents described in the relevant form prescribed by paragraph (1).
3
The grounds on which a local authority must reject a public body’s notice are those prescribed in Schedule 6.
4
The period within which a local authority may give notice of rejection of a public body’s notice is 10 working days beginning with the day on which the notice is given.

Public body’s consultation with the fire and rescue authority
26
Regulation 8 applies where a public body’s notice is given as it applies where an initial notice is given but as if—
a
any reference to an initial notice were to a public body’s notice,
b
any reference to a plans certificate were to a public body’s plans certificate, and
c
any reference to a final certificate were to a public body’s final certificate.

Public body’s consultation with the sewerage undertaker
27
Regulation 9 applies where a public body’s notice is given as it applies where an initial notice is given but as if—
a
any reference to an initial notice were to a public body’s notice,
b
any reference to a plans certificate were to a public body’s plans certificate, and
c
any reference to a final certificate were to a public body’s final certificate.

Form, grounds and period for rejecting public body’s plans certificate
28
1
The prescribed form of a public body’s plans certificate—
a
which is not combined with a public body’s notice, is Form PB2(W) in Schedule 1, or
b
which is combined with a public body’s notice, is Form PB3(W) in Schedule 1.
2
The grounds on which a local authority must reject a public body’s plans certificate are those prescribed in Schedule 7.
3
The grounds on which a local authority must reject a public body’s plans certificate combined with a public body’s notice are those prescribed in Schedule 6 and Schedule 7.
4
The period within which a local authority may give notice of rejection of a public body’s plans certificate or combined notice and certificate is 10 working days beginning on the day on which the certificate is given.

Effect of public body’s plans certificate
29
If a public body’s notice ceases to be in force and the conditions in paragraph 4(2) of Schedule 4 to the 1984 Act (public body’s plans certificate accepted and not rescinded) are satisfied, the local authority may not, in relation to any work which is described in the certificate and is carried out in accordance with the plans to which the certificate relates—
a
give a notice under section 36(1) of the 1984 Act (removal or alteration of work which contravenes building regulations), or
b
institute proceedings under section 35 of the 1984 Act for a contravention of building regulations.

Form, grounds and period for rejecting public body’s final certificate
30
1
The prescribed form of a public body’s final certificate is Form PB4(W) in Schedule 1 and the grounds on which a local authority must reject a final certificate are those prescribed in Schedule 8.
2
The period within which a local authority may give notice of rejection of a public body’s final certificate is 10 working days beginning with the day on which the certificate is given.

Events causing public body’s notice to cease to be in force
31
Regulation 14 applies where a public body’s notice is given as it applies where an initial notice is given but as if—
a
any reference to an initial notice were to a public body’s notice, and
b
any reference to a final certificate were to a public body’s final certificate.
PART 7

Registers of notices etc.

Register of notices and certificates
32
1
The register which local authorities must keep under section 56 of the 1984 Act must contain the information set out in paragraph (2) with respect to—
a
initial notices, amendment notices or notices under section 51C of the 1984 Act or public body’s notices which are currently in force, and
b
plans certificates, transfer certificates and transfer reports, final certificates, public body’s plans certificates, public body’s final certificates which have been accepted or are presumed to have been accepted.
2
The information to be registered is—
a
the description of the work to which the notice or certificate relates and of the location of the work,
b
the name and address of any person who signed the notice or certificate, and
c
the date on which the notice or certificate was accepted or was presumed to have been accepted.
3
A register must include an index for enabling a person to trace any entry in the register by reference to the address of the land to which the notice or certificate relates.
4
The information prescribed in paragraph (2) must be entered in the register as soon as practicable and in any event within 14 working days of the date the notice or certificate in question is given.

Registration periods
33
1
For the purposes of section 58C(5) of the 1984 Act (register of building inspectors), the prescribed period for registration of a registered building inspector is 4 years beginning with the day on which the registration has effect.
2
For the purposes of section 58O(4) of the 1984 Act (register of building control approvers), the prescribed period for registration of a registered building control approver is 5 years beginning with the day on which the registration has effect.

Contravention of professional conduct rules
34
For the purposes of section 58U(4)(b)(ii) of the 1984 Act, where the Welsh Ministers make a disciplinary order in relation to a registered building control approver, they must as soon as reasonably practicable give a copy of the disciplinary order to each local authority in Wales where there has been—
a
a variation of registration in a way specified in the order,
b
a suspension of registration for the period specified in the order, or
c
a cancellation of registration from the date specified in the order.

Interim suspension for suspected serious contravention
35
For the purposes of section 58V(4)(b)(ii) of the 1984 Act, where the Welsh Ministers make (or revoke) an order under section 58V of the 1984 Act, they must as soon as reasonably practicable give a copy of the order (or notice of the revocation) to each local authority in Wales where the Welsh Ministers consider that the suspected contravention is so serious that, if the Welsh Ministers determine that the contravention has occurred, they are likely to make an order under section 58U(2)(d) of the 1984 Act cancelling the person’s registration.

Appealing a decision made by the Welsh Ministers
36
1
Where the right of appeal is provided for under section 58D(4), 58I(5), 58J(5), 58P(4), 58U(5), 58V(5), 58Z4(7), 58Z5(9), 58Z6(5) or 58Z7(5) of the 1984 Act, an appeal must be made to a magistrates’ court by way of complaint.
2
An appeal may only be made on one or more of the following grounds. The grounds are that the Welsh Ministers’ decision was—
a
erroneous in fact;
b
wrong in law;
c
unreasonable;
d
procedurally flawed.
3
An appeal must be made within 21 relevant days beginning with the day after the day on which the Welsh Ministers notify the applicant of the decision, or within such extended period as may at any time be agreed upon in writing between the applicant and the Welsh Ministers.
4
On an appeal, a magistrates’ court may confirm, vary or quash the decision made by the Welsh Ministers.
5
In this regulation “relevant days” means any day excluding Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971 .
PART 8

Miscellaneous

Contravention of certain regulations not to be an offence
37
Each of these Regulations, other than regulation 17 (local authority powers in relation to partly completed work), is designated as a provision to which section 35 of the 1984 Act does not apply.

Consequential amendment to the Regulatory Reform (Fire Safety) Order 2005
38
In article 30(5)(c) of the Regulatory Reform (Fire Safety) Order 2005 omit “approved inspector or”.

Consequential amendments to the Building (Local Authority Charges) Regulations 2010
39
1
The Building (Local Authority Charges) Regulations 2010 are amended as follows.
2
In regulation 2—
a
in the appropriate place insert ““the RBCA (Wales) Regulations” means the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024;”;
b
omit ““the Approved Inspectors Regulations” means the Building (Approved Inspectors etc.) Regulations 2010”.
3
In regulation 5(1)(d), for “Approved Inspectors Regulations” substitute “RBCA (Wales) Regulations”.
4
In regulation 8(1)(d)—
a
in paragraph (i), for “regulation 19(2)(a)(i) of the Approved Inspectors Regulations” substitute “regulation 17(2)(a)(i) of the RBCA (Wales) Regulations”;
b
in paragraph (ii), for “regulation 19(3) of the Approved Inspectors Regulations” substitute “regulation 17(3) of the RBCA (Wales) Regulations”.

Consequential amendment to the 2010 Regulations
40
In regulation 12(7) of the 2010 Regulations, for “regulation 19 of the Building (Approved Inspectors etc) Regulations 2010” substitute “regulation 17 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024”.

Consequential amendments to the Building (Restricted Activities and Functions) (Wales) Regulations 2024
41
1
The Building (Restricted Activities and Functions) (Wales) Regulations 2024 is amended as follows.
2
In regulation 2(1)—
a
in the appropriate place insert ““the 2024 Regulations” (“Rheoliadau 2024”) means the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024;”;
b
omit ““the Approved Inspectors Regulations” (“y Rheoliadau Arolygwyr Cymeradwy”) means the Building (Approved Inspectors etc.) Regulations 2010;”.
3
In regulation 3(2)(o)—
a
in the opening words, for “regulation 19(1) of the Approved Inspectors Regulations” substitute “regulation 17(1) of the 2024 Regulations”;
b
in paragraph (i), for “regulation 19(2)(a) of the Approved Inspectors Regulations” substitute “regulation 17(2)(a) of the 2024 Regulations”;
c
in paragraph (ii), for “regulation 19(2)(b) of the Approved Inspectors Regulations” substitute “regulation 17(2)(b) of the 2024 Regulations”.

Revocations, transitional and savings provisions
42
1
As respects Wales, Parts 2 – 5, Part 6A, Part 7 of and Schedules 1 – 9 to the Building (Approved Inspectors etc.) Regulations 2010 (“the AI Regulations”) are revoked, but this is subject to paragraphs (5) to (7).
2
The following provisions are revoked:
a
regulations 29 to 33 of the Building Regulations &c. (Amendment) (Wales) Regulations 2013 ;
b
the Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2014 ;
c
regulations 11 to 13 of the Building (Amendment) (Wales) Regulations 2014 ;
d
regulation 3 of the Building Regulations &c. (Amendment) (Wales) Regulations 2016 ;
e
regulations 17 to 28 of the Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 ;
f
regulations 18 to 20 of the Building (Amendment) (Wales) Regulations 2022 ;
g
the Building Safety Act 2022 (Consequential Amendments) (Approved Inspectors) (Wales) Regulations 2022 ;
h
the Building (Building Control Profession) (Registration, Sanctions and Appeals) (Wales) Regulations 2023 ;
i
the Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 .
3
The amendment of section 51A of the 1984 Act by section 46(2) of the 2022 Act does not apply in relation to an initial notice to which regulation 3 of the Building Safety Act 2022 (Commencement No. 4, Transitional and Saving Provisions) (Wales) Regulations 2024 applies.
4
After the words “an initial notice” in regulation 11(3) of the Building Safety Act 2022 (Commencement No. 4, Transitional and Saving Provisions) (Wales) Regulations 2024 insert “only relating to building work”.
5
Any of the forms in Schedule 1 to the AI Regulations which are submitted to the local authority before 1 January 2025 will be processed.
6
The AI Regulations continue to apply to forms submitted to the local authority before 1 January 2025.
7
Regulations 2 to 7 and 9 of the AI Regulations continue to have effect to the extent necessary for the purposes of regulation 29 of the AI Regulations.
Rebecca Evans
Cabinet Secretary for Economy, Energy and Planning, one of the Welsh Ministers
28 November 2024
SCHEDULE 1

Forms
Regulations 6, 7, 10, 12, 13, 15, 25, 28, 30
SCHEDULE 2

Grounds for rejecting an initial notice, an amendment notice, or a plans certificate combined with an initial notice
Regulations 6, 7 and 10

Form
1
The notice is not in the prescribed form.

Wrong local authority
2
No part of the work described in the notice is to be carried out in the area of the local authority to whom the notice has been given.

Capacity of approver
3
The person who signed the notice as an approver is not an approver on the date the notice is rejected or if they are an approver on that date, their registration does not include all the work described in the notice.
4
Additionally, in the case of an amendment notice, the person who signed the amendment notice as an approver is not the approver who gave the initial notice.

Breach of section 54B
5
The person specified in the notice as the registered building inspector who gave advice in relation to that notice—
a
was not a registered building inspector on the date the notice was submitted, or
b
was a registered building inspector on that date but their registration did not include all the work described in the notice.

Information about the proposed work
6
Neither the notice nor the accompanying plans and documents include—
a
the location and a description of the work, including the use of any building to which the work relates;
b
information needed by the local authority to decide whether the notice is to be rejected on ground 10 or 11;
c
information as to whether or not the work concerns a new dwelling.

Fire and rescue authority
7
The approver is obliged by regulation 8 to consult the fire and rescue authority before giving a plans certificate or final certificate, and the notice does not contain an undertaking to do so.

Sewerage undertaker
8
The approver is obliged by regulation 9 to consult the sewerage undertaker before giving a plans certificate or final certificate, and the notice does not contain an undertaking to do so.

Independence
9
The notice does not contain a declaration by the approver that the approver does not, and while the initial notice is in force will not, have any professional or financial interest in that work.

Drain connection
10
In the case of the erection or extension of a building, the local authority considers that, in order to comply with the requirements of Part H of Schedule 1 to the 2010 Regulations, a proposed drain or private sewer must discharge to an existing sewer, but the statement accompanying the notice does not describe such an arrangement.

Local enactments
11
The local authority is not satisfied that the work described will comply with any local enactment which requires or authorises them to reject plans submitted in accordance with building regulations.

Earlier notice
12
1
Except where sub-paragraph (2) applies, an initial notice (“an earlier notice”) has already been given in respect of any part of the work described in the notice.
2
The ground in sub-paragraph (1) does not apply if—
a
an earlier notice has ceased to be in force and the local authority has taken no positive step to supervise the work described in it, or
b
the notice is accompanied by an undertaking by the approver who gave an earlier notice to the effect that the approver will cancel that notice as soon as the initial notice under consideration is accepted.
SCHEDULE 3

Grounds for rejecting a plans certificate or plans certificate combined with an initial notice
Regulation 10

Form
1
The certificate is not in the prescribed form.

Wrong local authority
2
No part of the work described in the plans certificate is to be carried out in the area of the local authority to whom the certificate has been given.

Work
3
The certificate does not describe the work to which it relates.

Plans
4
The certificate does not specify the plans to which it relates.

No initial notice
5
Except where the plans certificate is combined with an initial notice, no initial notice was in force with respect to the work described in the certificate at the time the certificate was given.

Capacity of approver
6
An initial notice was in force with respect to the work described in the certificate at the time the certificate was given, but—
a
the certificate is not signed by the approver who gave the initial notice,
b
the person who signed the certificate is not an approver on the date the notice is rejected, or
c
where they are an approver, their registration does not include all the work described in the certificate.

Breach of section 54B
7
The person specified in the certificate as the registered building inspector who gave advice in relation to that certificate—
a
was not a registered building inspector on the date the certificate was submitted, or
b
was a registered building inspector on that date but their registration did not include all the work described in the certificate.

Fire and rescue authority
8
The approver was obliged by regulation 8 to consult the fire and rescue authority before giving the certificate, but the certificate does not contain a declaration that the approver has consulted them in accordance with that regulation.

Sewerage undertaker
9
The approver was obliged by regulation 9 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that the approver has consulted them in accordance with that regulation.

Independence
10
The certificate does not contain a declaration by the approver that the approver has not since giving the initial notice in question had any professional or financial interest in that work.
SCHEDULE 4

Grounds for rejecting a final certificate
Regulation 12

Form
1
The certificate is not in the prescribed form.

Wrong local authority
2
No part of the work described in the final certificate was carried out in the area of the local authority to whom the certificate has been given.

Work
3
The certificate does not describe the work to which it relates.

No initial notice
4
No initial notice was in force with respect to the work described in the certificate at the time the certificate was given.

Capacity of approver
5
An initial notice was in force with respect to the work described in the certificate at the time the certificate was given, but—
a
the certificate is not signed by the approver who gave the initial notice,
b
the person who signed the certificate is not an approver on the date the certificate is rejected, or
c
where they are an approver, their registration does not include all the work described in the certificate.

Breach of section 54B
6
The person specified in the certificate as the registered building inspector who gave the advice in relation to that certificate—
a
was not a registered building inspector on the date the certificate was submitted, or
b
was a registered building inspector on that date but their registration did not include all the work described in the certificate.

Lack of fire safety information confirmation
7
Regulation 38 of the 2010 Regulations, as applied by regulation 5 (modification of the 2010 Regulations etc.), applies to the building work to which the final certificate relates and the approver has not provided a confirmation that the person carrying out the work has notified the approver to the effect that the fire safety information has been given to the responsible person as required by that regulation.

Independence
8
The certificate does not contain a declaration by the approver that the approver has not since giving the notice had any professional or financial interest in that work.
SCHEDULE 5

Grounds for rejecting a transfer certificate and transfer report
Regulation 22

Required information
1
The transfer certificate does not include the information required by regulation 20 (information to be included in transfer certificates).
2
Either the transfer certificate or transfer report do not include information required by any provision of the 1984 Act.

Wrong local authority
3
No part of the unfinished work described in the transfer certificate is to be carried out in the area of the local authority to whom the transfer certificate has been given.

No initial notice
4
No new initial notice under section 53(7)(a) of the 1984 Act was in force with respect to the work described in the transfer certificate at the time the transfer certificate was given.

Capacity of approver
5
A new initial notice was in force with respect to the unfinished work described in the transfer certificate at the time the certificate was given, but—
a
the certificate is not signed by the approver who gave the new initial notice,
b
the person who signed the certificate is not an approver on the date the certificate is rejected, or
c
where they are an approver, their registration does not include all the work described in the certificate.

Breach of section 54B
6
The person specified in the certificate as the registered building inspector who gave advice in relation to that certificate—
a
was not a registered building inspector on the date the certificate was submitted, or
b
was a registered building inspector on that date but their registration did not include all the work described in the certificate.

Earlier notice
7
1
Except where sub-paragraph (2) applies, a new initial notice under section 53(7) of the 1984 Act (“an earlier notice”) has already been given in respect of any part of the unfinished work described in the notice.
2
The ground in sub-paragraph (1) does not apply if—
a
an earlier notice has ceased to be in force and the local authority has taken no positive step to supervise the work described in it, or
b
the notice is accompanied by an undertaking by the approver who gave an earlier notice to the effect that the approver will cancel that notice as soon as the initial notice under consideration is accepted.
3
A transfer certificate and transfer report have already been accepted.

Local authority action
8
1
The local authority has given a notice under section 36 of the 1984 Act, a compliance notice or a stop notice in relation to the unfinished work.
2
The local authority received an application in relation to the whole or part of the unfinished work in accordance with regulation 18 of the 2010 Regulations.
3
The local authority has otherwise taken any positive step to supervise the unfinished work.

Failure to provide information requested
9
The approver has been given a request under section 53C(4) of the 1984 Act but failed to provide the information within the period referred to in that section.

Failure to comply with prescribed timescales
10
The transfer certificate and transfer report have not been submitted before the end of the relevant period in accordance with section 53B(3) of the 1984 Act.
SCHEDULE 6

Grounds for rejecting a public body’s notice, or a combined public body’s notice and plans certificate
Regulation 25

Form
1
The notice is not in the prescribed form.

Wrong local authority
2
No part of the work described in the notice is to be carried out in the area of the local authority to whom the notice has been given.

Capacity of public body
3
The body on behalf of which the notice was signed is not a public body within the meaning of section 54 of the 1984 Act.

Fire and rescue authority
4
The public body is obliged by regulation 26 to consult the fire and rescue authority before giving a public body’s plans certificate or a public body’s final certificate, and the notice does not contain an undertaking to do so.

Sewerage undertaker
5
The public body is obliged by regulation 27 to consult the sewerage undertaker before giving a public body’s plans certificate or a public body’s final certificate, and the notice does not contain an undertaking to do so.

Drain connection
6
In the case of the erection or extension of a building, the local authority considers that, in order to comply with the requirements of Part H of Schedule 1 to the 2010 Regulations, a proposed drain or private sewer must discharge to an existing sewer, but the statement accompanying the notice does not describe such an arrangement.

Local enactments
7
The local authority was not satisfied that the work described will comply with any local enactment which requires or authorises them to reject plans submitted in accordance with building regulations.
SCHEDULE 7

Grounds for rejecting a public body’s plans certificate, or a combined public body’s notice and plans certificate
Regulation 28

Form
1
The certificate is not in the prescribed form.

Work
2
The certificate does not describe the work to which it relates.

Plans
3
The certificate does not specify the plans to which it relates.

No public body’s notice
4
Except where the public body’s plans certificate is combined with a public body’s notice, no public body’s notice was in force in respect of work described in the certificate at the time the certificate was given.

Capacity of public body
5
A public body’s notice was in force with respect to the work described in the certificate at the time the certificate was given, but—
a
the certificate is not signed by or on behalf of the public body which gave that notice, or
b
that body has ceased to be a public body within the meaning of section 54 of the 1984 Act.

Fire and rescue authority
6
The public body was obliged by regulation 26 to consult the fire and rescue authority before giving the certificate, but the certificate does not contain a declaration that they have been consulted in accordance with that regulation.

Sewerage undertaker
7
The public body was obliged by regulation 27 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that they have been consulted in accordance with that regulation.
SCHEDULE 8

Grounds for rejecting a public body’s final certificate
Regulation 30

Form
1
The certificate is not in the prescribed form.

Work
2
The certificate does not describe the work to which it relates.

Capacity of public body
3
No public body’s notice was in force with respect to the work described in the certificate at the time the certificate was given.

No proper signature
4
A public body’s notice was in force with respect to the work described in the certificate at the time the certificate was given, but the certificate is not signed by or on behalf of the public body which gave that notice.

Fire and rescue authority
5
The public body was obliged by regulation 26 to consult the fire and rescue authority before giving the certificate, but the certificate does not contain a declaration that they were consulted in accordance with that regulation.

Sewerage undertaker
6
The public body was obliged by regulation 27 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that they have been consulted in accordance with that regulation.

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations largely revoke, in relation to Wales, provisions of the Building (Approved Inspectors etc.) Regulations 2010 (“the AI Regulations”) with the amendments to those Regulations made by S.I. 2013/747 (W. 89), 2014/58 (W. 5), 2014/110 (W. 10), 2016/611 (W. 168), 2018/558 (W. 97), 2022/564 (W. 130), 2022/767 (W. 167), 2024/244 (W. 49), and 2024/447 (W. 75).
These Regulations also revoke the Building (Building Control Profession) (Registration, Sanctions and Appeals) (Wales) Regulations 2023 (“the 2023 Regulations”) and restate provisions relating to the registration of registered building inspectors and registered building control approvers, sanctions for registered building control approvers and appeals.
Section 47 of the Building Act 1984 (“the 1984 Act”) provides that the responsibility for inspecting plans and building work for compliance with building regulations may, at the option of the person intending to carry out the work, be given to a registered building control approver (“approver”) instead of to the local authority.
Part 2 of these Regulations makes provision about the supervision of building work by approvers including the independence of approvers and their functions, and applies in relation to building work which is the subject of the initial notice provisions of the Building Regulations 2010 (“the 2010 Regulations”) and regulation 7A of the Energy Performance of Buildings (England and Wales) Regulations 2012.
Regulation 3 derives from regulation 9 of the AI Regulations and requires that approvers have no professional or financial interest in the work that they supervise. Regulation 4, which specifies the functions of approvers, derives from regulation 8 of the AI Regulations. Regulation 5 derives from regulation 20 of the AI Regulations.
Part 3 of these Regulations makes provision in relation to procedural requirements where building work is supervised by approvers, including the forms to be used for initial notices, amendment notices, plans certificates and final certificates, the grounds for rejecting these notices and certificates, the period for rejecting them, and consultation requirements.
Regulation 6 and Forms 1(W), 4(W) and 7(W) derive from regulations 10 and 16A(1) of, and Forms 1(W), 4(W) and 7(W) in Schedule 1 to, the AI Regulations. Schedule 2 derives from Schedule 2 to, the AI Regulations.
Regulation 7 and Forms 2(W) and 7(W) derive from regulations 11 and 16A(1) of, and Forms 2(W) and 7(W) in Schedule 1 to, the AI Regulations.
Regulation 8 derives from regulation 12 of the AI Regulations. Regulation 9 derives from regulation 13 of the AI Regulations.
Regulation 10 and Forms 3(W) and 4(W) derive from regulations 14 and 16A(1) of, and Forms 3(W), 4(W) and 7(W) in Schedule 1 to, the AI Regulations. Schedule 3 derives from Schedule 3 to, the AI Regulations.
Regulation 11 derives from regulation 15 of the AI Regulations.
Regulation 12 and Form 5(W) derive from regulation 16 of, and Form 5(W) in Schedule 1 to, the AI Regulations. Schedule 4 derives from Schedule 4 to the AI Regulations.
Regulation 13 and Form 8(W) derive from regulation 16A(2) of, and Form 8(W) in Schedule 1 to, the AI Regulations.
Regulation 14 derives from regulation 17 of the AI Regulations.
Regulations 15 and 16 and Forms 9(W) to 17(W) derive from regulations 18 and 18A of, and Forms 9(W) to 17(W) in Schedule 1 to, the AI Regulations.
Part 4 of these Regulations sets out the procedures where building work reverts to a local authority on an initial notice ceasing to be in force.
Regulation 17 derives from regulation 19 of the AI Regulations. Regulation 18 derives from regulation 19A of the AI Regulations.
Part 5 of these Regulations makes provision for where an initial notice ceases to be in force and a new approver is appointed. In particular, regulation 20 derives from regulation 19C of the AI Regulations and makes provision as to the content of a transfer certificate, and regulation 22 and Schedule 5 derive from regulation 19E of and Schedule 3A to, the AI Regulations and set out the grounds for rejecting a transfer certificate and transfer report.
Regulation 23 derives from regulation 27 of the AI Regulations and prescribes circumstances where a further initial notice may be given after cancellation of an initial notice under section 53D of the 1984 Act. These include the approver cancelling the notice under section 52(1)(a) of the 1984 Act, the person carrying out or intending to carry out the work cancelling the initial notice under section 53D(3) of the 1984 Act, and the approver having been given a specified disciplinary order.
Section 54 of the 1984 Act permits approved public bodies to supervise their own building work. Part 6 covers the approval of public bodies, and procedural and consultation requirements where public bodies supervise their own work including in particular the prescribed forms of, and grounds for the local authority to reject, a public body’s notice, a plans certificate and a final certificate.
Regulation 24 derives from regulation 21 of the AI Regulations.
Regulation 25 and Form PB1(W) derive from regulation 22 of and Form PB1(W) in Schedule 1 to, the AI Regulations. Schedule 6 derives from Schedule 5 to the AI Regulations. Regulation 26 derives from regulation 23 of the AI Regulations and regulation 27 derives from regulation 24 of the AI Regulations.
Regulation 28 and Forms PB2(W) and PB3(W) derive from regulation 25 of and Forms PB2(W) and PB3(W) in Schedule 1 to, the AI Regulations. Schedule 7 derives from Schedule 6 to the AI Regulations. Regulation 29 derives from regulation 26 of the AI Regulations.
Regulation 30 and Form PB4(W) derive from regulation 27 and Form PB4(W) in Schedule 1 to, the AI Regulations. Schedule 8 derives from Schedule 7. Regulation 31 derives from regulation 28 of the AI Regulations.
Part 7 of these Regulations provides in regulation 32 for the content of local registers of notices and certificates, regulation 33 provides for the length of registration periods for approvers and registered building inspectors, regulation 34 sets out provision as to when copies of disciplinary sanctions issued against approvers must be sent to local authorities in Wales. Regulation 35 provides that where the Welsh Ministers make or revoke an order under section 58V of the 1984 Act they must as soon as reasonably practicable give a copy of the interim suspension order to each local authority in Wales where the Welsh Ministers consider that the suspected contravention is so serious that, if the Welsh Ministers determine that the contravention has occurred, they are likely to make an order under section 58U(2)(d) of the 1984 Act cancelling the person’s registration. Regulation 36 makes provisions as to the decisions in Part 2A of the 1984 Act which may be appealed. Regulation 36(1) sets out that, if an appeal is made, it must be made by way of complaint to the magistrates’ court. Regulation 36(2) sets out the grounds of appeal. Regulation 36(3) sets out the appeal time limit. Regulation 36(4) sets out the remedies available to the magistrates’ court on appeal.
Regulation 32 derives from regulation 30 of the AI Regulations. Regulation 34 derives from regulations 2 and 3 of the 2023 Regulations.
Regulation 34 derives from regulation 4 of the 2023 Regulations. Regulation 35 derives from regulation 5 of the 2023 Regulations. Regulation 36 derives from regulation 6 of the 2023 Regulations.
Part 8 of these Regulations contains miscellaneous provisions including a number of consequential amendments to other instruments, and the revocations mentioned above, transitional and savings provisions.
Regulation 37 derives from regulation 31 of the AI Regulations.
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 is published on www.gov.wales.
Section 1(1) was amended by section 1(1), (2) and (3) of the Sustainable and Secure Buildings Act 2004 (c. 22) (“the 2004 Act”) and paragraphs 1, 2(1) and (2) of Schedule 5 to, the Building Safety Act 2022 (c. 30) (“the 2022 Act”). See the definitions of “appropriate national authority” and “prescribed” in section 126 of the Building Act 1984 (c. 55) (“the 1984 Act”).
Section 2A was inserted by section 4(1) of the 2004 Act.
Section 47(1) was amended by article 3(2)(a) of S.I. 1996/1905 and was subsequently amended by section 8(2) of the 2004 Act and sections 46(1), 48(1) and (2)(a) of, and paragraphs 1 and 4(1) and (2) of Schedule 4 to, the 2022 Act. Section 47(4) was amended by sections 46(4) and 51(3) of the 2022 Act.
Section 47(4) was amended by sections 46(4) and 51(3) of the 2022 Act.
Section 47(5) was amended by section 43 of, and paragraphs 1, 4(1) and (3) of Schedule 4 to, the 2022 Act.
Section 50(1A) to (1D) was substituted for section 50(1) by section 49(1) and (2)(a) of the 2022 Act.
Section 50(4) was amended by section 49(2)(b) of the 2022 Act.
Section 50(7) was amended by section 170(4) of, and paragraphs 1 and 6 of Schedule 4, to the 2022 Act.
Section 51(1) was substituted by article 4 of S.I. 1996/1905 and subsequently amended by section 43 of, and paragraphs 1 and 7 of Schedule 4, to the 2022 Act.
Section 51A was inserted by article 2 of S.I. 1996/1905 and subsection (2) was subsequently amended by sections 43 and 48(1) and (3) of, and paragraphs 1 and 8 of Schedule 4 to, the 2022 Act.
Section 52(1) was amended by sections 50(1) and (2) of, and paragraphs 1 and 10(2) of Schedule 4 to, the 2022 Act and by article 3(6)(a) of S.I. 1996/1905.
Section 53(4B) was inserted by section 52(1) of 2022 Act.
Section 53(4C) was inserted by section 52(1) of the 2022 Act.
Section 53B was inserted by section 51(2) of 2022 Act.
Section 52(2) was amended by section 8 of the 2004 Act and paragraphs 1 and 10(3) of Schedule 4 to, the 2022 Act.
Section 52(3) was substituted by section 50(3) of 2022 Act.
Section 52(5) has been repealed in respect of England only.
Section 52(5A) was inserted by section 50(5) of the 2022 Act.
Section 52(7) was inserted by section 50(6) of the 2022 Act.
Section 52A was inserted by section 46(3) of the 2022 Act.
Section 53C was inserted by section 51(2) of the 2022 Act.
Section 53D was inserted by section 51(2) of the 2022 Act.
Section 54(1) was amended by section 55(a) of, and paragraphs 1 and 46(1) and (2) of Schedule 5 to, the 2022 Act.
Section 56(1) was amended by section 56(3) of the 2022 Act and by article 3(9) of S.I. 1996/1905.
Sections 58C, 58O, 58U and 58V were inserted by section 42 of the 2022 Act.
Section 92(2) was amended by section 55(a) of, and paragraphs 1 and 57(1) and (3)(a) of Schedule 5 to, the 2022 Act.
Paragraph 1 was amended by paragraph 83 of Schedule 5 to the 2022 Act.
Paragraphs 1A to 1I of Schedule 1 were inserted by section 33 of the 2022 Act.
Paragraph 5B of Schedule 1 was inserted by section 34 of the 2022 Act.
Paragraph 7 of Schedule 1 was amended by section 3 of the 2022 Act and by section 11 of the Climate Change and Sustainable Energy Act 2006 (c. 19).
Paragraph 8 of Schedule 1 was amended by section 3 of the 2004 Act, paragraph 83 of Schedule 5 to the 2022 Act and by section 40 of the Flood and Water Management Act 2010 (c. 29).
Paragraph 10 of Schedule 1 was substituted by section 83 of the 2022 Act.
Paragraph 2(1) of Schedule 4 was substituted by section 49(1) and (3)(a) of the 2022 Act.
1984 c. 55.
2022 c. 30.
S.I. 2010/2214, as amended by S.I. 2012/3119, 2013/1959, 2014/110 (W. 10), 2015/767, 2016/285, and 2018/1230. There are other amending instruments, but none is relevant to this instrument.
Section 58N was inserted by section 42 of the 2022 Act.
S.I. 2005/1541, to which there are amendments not relevant to these Regulations.
Part 2A of the 1984 Act was inserted by section 42 of the 2022 Act.
1991 c. 56.
S.I. 2012/3118. Regulation 7A was inserted by S.I. 2016/284.
Section (5A) was inserted into the Building Act 1984 by section 50 of the Building Safety Act 2022.
Section 54B was inserted by section 44(3) of the 2022 Act. Giving a transfer certificate and transfer report to a local authority under section 53B(3) is a restricted function under section 54B of the 1984 Act and regulation 4(2)(f) of S.I. 2024/238 (W. 48).
In relation to Wales, the Welsh Ministers are the regulatory authority. See section 58A(b) of the Building Act 1984.
1971 c. 80.
S.I. 2010/404. To which there are amendments not relevant to this instrument.
S.I. 2024/238 (W. 48).
S.I. 2013/747 (W. 89).
S.I. 2014/58 (W. 5).
S.I. 2014/110 (W. 10).
S. I. 2016/611 (W. 168).
S.I. 2018/558 (W. 97).
S.I. 2022/564 (W. 130).
S.I. 2022/767 (W.167).
S.I. 2023/1304 (W. 234).
S.I. 2024/244 (W. 49).
S.I. 2024/207 (W. 39).
Reg. 5 in force at 1.1.2025, see reg. 1(2)
Reg. 1 in force at 1.1.2025, see reg. 1(2)
Reg. 40 in force at 1.1.2025, see reg. 1(2)
Reg. 37 in force at 1.1.2025, see reg. 1(2)
Reg. 42 in force at 1.1.2025, see reg. 1(2)
Reg. 38 in force at 1.1.2025, see reg. 1(2)
Reg. 39 in force at 1.1.2025, see reg. 1(2)
Reg. 41 in force at 1.1.2025, see reg. 1(2)
Reg. 4 in force at 1.1.2025, see reg. 1(2)
Reg. 2 in force at 1.1.2025, see reg. 1(2)
Reg. 3 in force at 1.1.2025, see reg. 1(2)
Reg. 6 in force at 1.1.2025, see reg. 1(2)
Reg. 7 in force at 1.1.2025, see reg. 1(2)
Reg. 8 in force at 1.1.2025, see reg. 1(2)
Reg. 9 in force at 1.1.2025, see reg. 1(2)
Reg. 10 in force at 1.1.2025, see reg. 1(2)
Reg. 11 in force at 1.1.2025, see reg. 1(2)
Reg. 12 in force at 1.1.2025, see reg. 1(2)
Reg. 13 in force at 1.1.2025, see reg. 1(2)
Reg. 14 in force at 1.1.2025, see reg. 1(2)
Reg. 15 in force at 1.1.2025, see reg. 1(2)
Reg. 16 in force at 1.1.2025, see reg. 1(2)
Reg. 17 in force at 1.1.2025, see reg. 1(2)
Reg. 18 in force at 1.1.2025, see reg. 1(2)
Reg. 19 in force at 1.1.2025, see reg. 1(2)
Reg. 20 in force at 1.1.2025, see reg. 1(2)
Reg. 21 in force at 1.1.2025, see reg. 1(2)
Reg. 22 in force at 1.1.2025, see reg. 1(2)
Reg. 23 in force at 1.1.2025, see reg. 1(2)
Reg. 24 in force at 1.1.2025, see reg. 1(2)
Reg. 25 in force at 1.1.2025, see reg. 1(2)
Reg. 26 in force at 1.1.2025, see reg. 1(2)
Reg. 27 in force at 1.1.2025, see reg. 1(2)
Reg. 28 in force at 1.1.2025, see reg. 1(2)
Reg. 29 in force at 1.1.2025, see reg. 1(2)
Reg. 30 in force at 1.1.2025, see reg. 1(2)
Reg. 31 in force at 1.1.2025, see reg. 1(2)
Reg. 32 in force at 1.1.2025, see reg. 1(2)
Reg. 33 in force at 1.1.2025, see reg. 1(2)
Reg. 34 in force at 1.1.2025, see reg. 1(2)
Reg. 35 in force at 1.1.2025, see reg. 1(2)
Reg. 36 in force at 1.1.2025, see reg. 1(2)
Sch. 1 in force at 1.1.2025, see reg. 1(2)
Sch. 2 para. 1 in force at 1.1.2025, see reg. 1(2)
Sch. 2 para. 2 in force at 1.1.2025, see reg. 1(2)
Sch. 2 para. 3 in force at 1.1.2025, see reg. 1(2)
Sch. 2 para. 4 in force at 1.1.2025, see reg. 1(2)
Sch. 2 para. 5 in force at 1.1.2025, see reg. 1(2)
Sch. 2 para. 6 in force at 1.1.2025, see reg. 1(2)
Sch. 2 para. 7 in force at 1.1.2025, see reg. 1(2)
Sch. 2 para. 8 in force at 1.1.2025, see reg. 1(2)
Sch. 2 para. 9 in force at 1.1.2025, see reg. 1(2)
Sch. 2 para. 10 in force at 1.1.2025, see reg. 1(2)
Sch. 2 para. 11 in force at 1.1.2025, see reg. 1(2)
Sch. 2 para. 12 in force at 1.1.2025, see reg. 1(2)
Sch. 3 para. 1 in force at 1.1.2025, see reg. 1(2)
Sch. 3 para. 2 in force at 1.1.2025, see reg. 1(2)
Sch. 3 para. 3 in force at 1.1.2025, see reg. 1(2)
Sch. 3 para. 4 in force at 1.1.2025, see reg. 1(2)
Sch. 3 para. 5 in force at 1.1.2025, see reg. 1(2)
Sch. 3 para. 6 in force at 1.1.2025, see reg. 1(2)
Sch. 3 para. 7 in force at 1.1.2025, see reg. 1(2)
Sch. 3 para. 8 in force at 1.1.2025, see reg. 1(2)
Sch. 3 para. 9 in force at 1.1.2025, see reg. 1(2)
Sch. 3 para. 10 in force at 1.1.2025, see reg. 1(2)
Sch. 4 para. 1 in force at 1.1.2025, see reg. 1(2)
Sch. 4 para. 2 in force at 1.1.2025, see reg. 1(2)
Sch. 4 para. 3 in force at 1.1.2025, see reg. 1(2)
Sch. 4 para. 4 in force at 1.1.2025, see reg. 1(2)
Sch. 4 para. 5 in force at 1.1.2025, see reg. 1(2)
Sch. 4 para. 6 in force at 1.1.2025, see reg. 1(2)
Sch. 4 para. 7 in force at 1.1.2025, see reg. 1(2)
Sch. 4 para. 8 in force at 1.1.2025, see reg. 1(2)
Sch. 5 para. 1 in force at 1.1.2025, see reg. 1(2)
Sch. 5 para. 2 in force at 1.1.2025, see reg. 1(2)
Sch. 5 para. 3 in force at 1.1.2025, see reg. 1(2)
Sch. 5 para. 4 in force at 1.1.2025, see reg. 1(2)
Sch. 5 para. 5 in force at 1.1.2025, see reg. 1(2)
Sch. 5 para. 6 in force at 1.1.2025, see reg. 1(2)
Sch. 5 para. 7 in force at 1.1.2025, see reg. 1(2)
Sch. 5 para. 8 in force at 1.1.2025, see reg. 1(2)
Sch. 5 para. 9 in force at 1.1.2025, see reg. 1(2)
Sch. 5 para. 10 in force at 1.1.2025, see reg. 1(2)
Sch. 6 para. 1 in force at 1.1.2025, see reg. 1(2)
Sch. 6 para. 2 in force at 1.1.2025, see reg. 1(2)
Sch. 6 para. 3 in force at 1.1.2025, see reg. 1(2)
Sch. 6 para. 4 in force at 1.1.2025, see reg. 1(2)
Sch. 6 para. 5 in force at 1.1.2025, see reg. 1(2)
Sch. 6 para. 6 in force at 1.1.2025, see reg. 1(2)
Sch. 6 para. 7 in force at 1.1.2025, see reg. 1(2)
Sch. 7 para. 1 in force at 1.1.2025, see reg. 1(2)
Sch. 7 para. 2 in force at 1.1.2025, see reg. 1(2)
Sch. 7 para. 3 in force at 1.1.2025, see reg. 1(2)
Sch. 7 para. 4 in force at 1.1.2025, see reg. 1(2)
Sch. 7 para. 5 in force at 1.1.2025, see reg. 1(2)
Sch. 7 para. 6 in force at 1.1.2025, see reg. 1(2)
Sch. 7 para. 7 in force at 1.1.2025, see reg. 1(2)
Sch. 8 para. 1 in force at 1.1.2025, see reg. 1(2)
Sch. 8 para. 2 in force at 1.1.2025, see reg. 1(2)
Sch. 8 para. 3 in force at 1.1.2025, see reg. 1(2)
Sch. 8 para. 4 in force at 1.1.2025, see reg. 1(2)
Sch. 8 para. 5 in force at 1.1.2025, see reg. 1(2)
Sch. 8 para. 6 in force at 1.1.2025, see reg. 1(2)
Word in reg. 4(2)(a)(xxviii) omitted (1.7.2025) by virtue of The Building etc. (Amendment) (Wales) Regulations 2025 (S.I. 2025/377), regs. 1(3), 5(2)(a) (with reg. 3)
Reg. 4(2)(a)(xxx) inserted (1.7.2025) by The Building etc. (Amendment) (Wales) Regulations 2025 (S.I. 2025/377), regs. 1(3), 5(2)(b) (with reg. 3)
Reg. 5(2): comma substituted for word (1.7.2025) by The Building etc. (Amendment) (Wales) Regulations 2025 (S.I. 2025/377), regs. 1(3), 5(3)(a) (with reg. 3)
Words in reg. 5(2) inserted (1.7.2025) by The Building etc. (Amendment) (Wales) Regulations 2025 (S.I. 2025/377), regs. 1(3), 5(3)(b) (with reg. 3)