The Building (Amendment) (Wales) Regulations 2025

Welsh Statutory Instruments

2025 No. 704 (W. 119)

Building And Buildings, Wales

The Building (Amendment) (Wales) Regulations 2025

Made

17 June 2025

Laid before Senedd Cymru

19 June 2025

Coming into force

20 December 2025

The Welsh Ministers, in exercise of the powers conferred on them by section 1(1) of, and paragraphs 7, 8 and 10 of Schedule 1 to, the Building Act 1984(1), make the following Regulations.

The Welsh Ministers have consulted the Building Regulations Advisory Committee for Wales and such other persons they consider appropriate in accordance with section 14(7) of the Building Act 1984(2).

Title, coming into force and application

1.—(1) The title of these Regulations is the Building (Amendment) (Wales) Regulations 2025 and they come into force on 20 December 2025.

(2) These Regulations apply in relation to Wales.

Amendments to the Building Regulations 2010

2.—(1) The Building Regulations 2010(3) are amended as follows.

(2) In regulation 2(6) (interpretation)—

(a) at the end of sub-paragraph (a)(iv), omit “and”;

(b) for sub-paragraph (b), substitute—

“(b) “relevant metal composite material” means any panel or sheet, having a thickness of no more than 10mm, which is comprised of a number of layers—

(i) two or more of which are made of metal, alloy or metal compound; and

(ii) one or more of which is substantial and is made of a material having a gross calorific value of more than 35 MJ/kg when tested in accordance with BS EN ISO 1716:2018 entitled “Reaction to fire tests for products – Determination of the gross heat of combustion (calorific value)” (ISBN 978 0 580 93554 1) published by the British Standards Institution on 31^st July 2018;

and for these purposes a substantial layer is one which is at least 1mm thick or has a mass per unit area of at least 1kg per m²;

(c) “specified attachment” means—

(i) a balcony attached to an external wall;

(ii) a solar shading device (excluding a solar shading device attached to the wall at a height of no more than 4.5 metres above ground level); or

(iii) a solar panel attached to an external wall; and

(d) “solar shading device” means a device attached to the external surface of an external wall for reducing heat gain within a building by shading or deflecting sunlight.”

(3) In regulation 6(1)(c) (requirements relating to material change of use), for “fifteen” substitute “eleven”.

(4) In regulation 7 (materials and workmanship)—

(a) after paragraph (1), insert—

“(1A) Building work must be carried out so that relevant metal composite material does not become part of an external wall, or specified attachment, of any building.”;

(b) in paragraph (3)—

(i) after sub-paragraph (d), insert—

“(da) fibre optic cables;”;

(ii) in sub-paragraph (e), after “ground level”, insert “or up to 300mm above that level”;

(iii) after sub-paragraph (h), insert—

“(ha) components associated with a solar shading device excluding components whose primary function is to provide shade or deflect sunlight such as the awning curtain or slats;”;

(iv) at the end of sub-paragraph (i), omit “or”;

(v) at the end of sub-paragraph (j), insert— “; or

(k) materials which form the top horizontal floor layer of a balcony which are of European Classification A1fl or A2fl-s1 (classified in accordance with BS EN 13501-1:2018 entitled “Fire classification of construction products and building elements. Classification using test data from reaction to fire tests” (ISBN 978 0 580 95726 0) published by the British Standards Institution on 14th January 2019) provided that the entire layer has an imperforate substrate under it.”;

(c) in paragraph (4)(a)(iii), omit “(excluding any room in a hostel, hotel or boarding house)”.

Transitional provisions

3.—(1) The amendments made by regulation 2 do not apply in any case where a building notice or initial notice has been given to, or full plans deposited with, a local authority before the day these Regulations come into force and either the building work to which it relates—

(a) has started before that day, or

(b) is started within the period of six months beginning with that day.

(2) In this regulation—

“building notice”, “building work”, “full plans” and “initial notice” have the meanings given by regulation 2(1) of the Building Regulations 2010;

“local authority” has the meaning given by section 126 of the Building Act 1984(4).

Rebecca Evans

Cabinet Secretary for Economy, Energy and Planning, one of the Welsh Ministers

17 June 2025

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Building Regulations 2010 (“the 2010 Regulations”).

Regulation 2(2) of these Regulations inserts—

(a) a new definition of “relevant metal composite material”,

(b) a reference to solar shading devices in the definition of “specified attachment”, and

(c) a new definition of “solar shading device”.

Regulation 2(3) of these Regulations reduces the height of buildings to which regulation 6(1)(c) of the 2010 Regulations applies, from 15m to 11m. Regulation 6(1)(c) of the 2010 Regulations applies where there is a material change in use of the whole building and requires that building work complies with the requirements in paragraph B4(1) (external fire spread—walls) of Schedule 1 to the 2010 Regulations.

Regulation 2(4)(a) of these Regulations inserts provision into regulation 7 of the 2010 Regulations prohibiting relevant metal composite material becoming part of the external wall or a specified attachment when building work is undertaken.

Regulation 2(4)(b) of these Regulations adds to the list of exemptions from the requirement of materials to meet the reaction to fire classification standard in regulation 7(2) of the 2010 Regulations. It exempts fibre optic cables and components of solar shading devices excluding those whose primary function is to provide shade or deflect sunlight such as awning curtains or slats. It extends the exemption on insulation and waterproofing materials used below ground level to such materials used up to 300mm above that level. It also exempts materials which form the top horizontal floor layer of a balcony which are of European Classification A1fl or A2fl-s1 provided that the entire layer has an imperforate substrate under it.

Regulation 2(4)(c) of these Regulations amends the definition of “relevant building” in regulation 7(4) of the 2010 Regulations with the effect that the combustible materials prohibition in regulations 6(3) and 7(2) of the 2010 Regulations now applies to hostels, hotels, and boarding houses.

Regulation 3 of these Regulations contains transitional provisions. The changes in regulation 2 will not apply where a building notice or an initial notice has been given to, or full plans deposited with, a local authority before the day these Regulations come into force and the work has either started by that day or starts within 6 months beginning with that day.

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.

Copies of the British Standard referred to in these Regulations can be obtained from www.bsigroup.com and hard copies can be obtained from BSI Customer Services, 389 Chiswick High Road, London W4 4AL (telephone number 0345 086 9001), and are also available for inspection free of charge by contacting the Building Regulations Policy Team at Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

1984 c. 55. Section 1 was amended by section 1(1) to (3) of the Sustainable and Secure Buildings Act 2004 (c. 22) (“the 2004 Act”) and by paragraph 2 of Schedule 5 to the Building Safety Act 2022 (c. 30) (“the 2022 Act”); paragraph 7 of Schedule 1 was amended by section 3(2) to (5) of the 2004 Act and section 11 of the Climate Change and Sustainable Energy Act 2006 (c. 19); paragraph 8 of Schedule 1 was amended by section 3(6) and (7) of the 2004 Act, section 40 of the Flood and Water Management Act 2010 (c. 29) and paragraph 83(6) of Schedule 5 to the 2022 Act; and paragraph 10 of Schedule 1 was substituted by paragraph 83(8) of Schedule 5 to the 2022 Act. See section 126, as amended by paragraph 81(2) of Schedule 5 to the 2022 Act, for the meaning of “appropriate national authority”.

(2)

Section 14(7) was amended by paragraph 17(3) of Schedule 5 to the 2022 Act.

(3)

S.I. 2010/2214, amended by S.I. 2019/1499 (W. 275); there are other amending instruments, but none is relevant.

(4)

The definition of “local authority” in section 126 was substituted by paragraph 14(4)(a) of Schedule 8 to the Local Government Act 1985 (c. 51) and amended by paragraph 15(3) of Schedule 9 to the Local Government (Wales) Act 1994 (c. 19).