The Building Safety Act 2022 (Commencement No. 4, Transitional and Saving Provisions) (Wales) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations contain commencement, transitional and saving provisions made under the Building Safety Act 2022 (c. 30) (“the 2022 Act”).

Regulation 2 brings into force certain provisions of Part 3 of, and Schedules 4, 5 and 6 to, the 2022 Act on 6 April 2024. These provisions relate to the new regulatory regime for the building control profession.

Regulation 3 makes a transitional provision to provide that an approved inspector, who becomes a registered building control approver before 6 April 2024, may continue overseeing higher-risk building work on or after 6 April 2024.

Regulation 4 contains a transitional provision which provides that an approved inspector who does not become a registered building control approver must not oversee higher-risk building work on or after 6 April 2024. This regulation does, however, provide that an approved inspector may continue to oversee building work that is not higher-risk building work, for a limited time.

Regulations 5 to 7 make transitional provisions to ensure that references to registered building control approvers, inserted into the Building Act 1984 (c. 55) (“the 1984 Act”) by section 46 of, and Schedules 4 and 6 to, the 2022 Act, may be read as references to approved inspectors until 1 October 2024.

Regulation 8 contains a transitional provision related to the commencement of higher-risk building work. This regulation provides that where higher-risk building work is not commenced before 1 October 2024 by a registered building control approver, the initial notice and plans certificate related to such work will cease to be in force on 1 October 2024.

Regulations 9 and 10 make transitional provisions related to initial notices which are cancelled before 1 October 2024 in respect of building work, including higher-risk building work.

Regulation 11 contains a transitional provision for new higher-risk building work. This regulation provides that, on or after 6 April 2024, new higher-risk building work will be overseen by a local authority.

Regulation 12 makes a transitional provision to disregard the different classes of building inspector on the register and allows a person to continue working on buildings, including higher-risk buildings, until 1 October 2024. This regulation only applies where a person has registered as a building inspector and is in the process of having their competence assessed, or has successfully had their competence assessed, at the required level appropriate to the work they intend to carry out.

Regulation 13 makes a saving provision arising from the omission of section 49 of the 1984 Act to ensure that, until 1 October 2024, section 49 still applies to approved inspectors where the conditions in regulation 4(1) and (3) are met.

Regulation 14 makes a saving provision arising from the omission of paragraphs 2 to 4B of Schedule 1 of the 1984 Act.