The Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025

EXPLANATORY NOTE

(This note is not part of the Regulations)

This instrument is part of a number of Regulations which implement the Building Safety Act 2022 in respect of higher-risk buildings in Wales.

Under section 121A of the Building Act 1984 (“the 1984 Act”), the building control authority is generally the local authority for the area in which the building or proposed building concerned is situated. However, where a local authority proposes to carry out higher-risk building work (as defined in section 120I of the 1984 Act), regulations can be made under section 91ZD of the 1984 Act designating another local authority as building control authority for that work. Regulations under section 91ZD are to be made elsewhere.

The requirements in the Building Regulations 2010 currently apply to higher-risk buildings. Amendments (to be made elsewhere) to those Regulations disapply most of the procedural requirements in them in relation to higher-risk buildings (as to the definition of which see the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023). Consequently, procedures contained in these Regulations will apply in relation to higher-risk buildings instead of those in the Building Regulations 2010.

Part 2 of these Regulations sets out the procedures for applying for building control approval in relation to higher-risk buildings. Applications must be submitted to the building control authority giving the information required and be accompanied by the plans, documents and information required. Building control approval may, with the applicant’s consent, be subject to a requirement, for example, to not progress beyond a specific point without agreement of the building control authority or that more detailed plans or documents could be approved by the building control authority at a later date.

Part 3 of these Regulations sets out the change control process where any document relating to the work which was approved by the building control authority at the application stage (or subsequently under a requirement or a controlled change) is to be changed. Provision is also made in this Part for change to the client, principal contractor or principal designer, insolvency etc. of a client and variation of a requirement imposed on a building control approval.

Part 4 of these Regulations sets out provisions in relation to the golden thread information, mandatory occurrence reporting and the handover of information on completion of the work.

Part 5 of these Regulations sets out the procedures for applying for completion certificates and partial completion certificates in relation to higher-risk buildings. Applications must be submitted to the building control authority giving the information required and accompanied by the plans and documents required.

Part 6 of these Regulations sets out provision relating to inspections, testing and sampling, regularisation of unauthorised work and the procedure under section 30A of the 1984 Act (which provides that a request can be made to the Welsh Ministers for determination of an application where the building control authority has not made a decision within the time limit prescribed).

Part 7 of these Regulations defines exempt work, gives the building control authority the power by direction to require an application via a specified method, and also sets out those provisions in relation to which a stop notice under section 35C of the 1984 Act may be given. Part 7 also includes consequential amendments to the Regulatory Reform (Fire Safety) Order 2005 and the Community Infrastructure Levy Regulations 2010.

Schedule 3 to these Regulations sets out transitional provisions.

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.