The Building etc. (Amendment) (Wales) Regulations 2026
Title, coming into force and application1.
(1)
The title of these Regulations is the Building etc. (Amendment) (Wales) Regulations 2026.
(2)
These Regulations come into force on the following dates—
(a)
this regulation and regulations 2, 5, 6, 7 and 8(3) on 1 July 2026;
(b)
(c)
regulations 3, 8(1), 8(2) and 8(4) on 4 March 2027.
(3)
These Regulations apply in relation to Wales.
Amendments to the Building Regulations 20102.
Amendments relating to energy efficiency requirements3.
(1)
In regulation 2(1) (interpretation), in the definition of “fixed building services”—
(a)
omit the “or”
after paragraph (b);
(b)
“(ba)
fixed lifts, escalators or moving walkways in new buildings that are not in an individual dwelling; or”.
(2)
Omit regulation 25A (consideration of high-efficiency alternative systems for new buildings) and regulation 25B (nearly zero-energy requirements for new buildings).
(3)
In regulation 25D (energy efficiency rating)—
(a)
for the heading substitute
;“Energy use intensity rating”
(b)
for “Energy efficiency ratings”
substitute
.“Energy use intensity ratings”
(4)
In regulation 26C (minimum energy efficiency rating)—
(a)
for the heading substitute
;“Minimum energy use intensity rating”
(b)
for “energy efficiency rating”
substitute
.“energy use intensity rating”
(5)
In regulation 27C (energy efficiency rating calculations)—
(a)
for the heading substitute
;“Minimum energy use intensity rating calculations”
(b)
in paragraphs (2)(a) and (3)(a)(i) and (ii), for “energy efficiency rating”
substitute
.“energy use intensity rating”
(6)
In Schedule 1 (requirements), in Part L (conservation of fuel and power)—
(a)
in entry L1—
(i)
in the heading, after “power”
insert
;“and the minimisation of greenhouse gas emissions”
(ii)
in the words before paragraph (a), after “power”
insert
;“and the minimisation of greenhouse gas emissions”
(iii)
“(ai)
minimise greenhouse gas emissions;”;
(iv)
“(c)
for the purposes of this Part—
“greenhouse gas” has the meaning given by section 37(1) of the Environment (Wales) Act 20165.”
(b)
“On-site installation of renewable electricity generation
L2A.—(1) When a dwelling or a building containing a dwelling is erected, a system for renewable electricity generation must be installed on-site.
Requirement L2A does not apply to—
(2) The system installed under sub-paragraph (1) must be—
(a) designed to enable any electricity generated by it to be available for the use of residents of the buildings, and
(a) a building which is a relevant building within the meaning of regulation 7(4); or
(b) capable of generating a reasonable output taking into account the design of the buildings and its surroundings.
(b) a building on which it is not possible to install a system for renewable electricity generation capable of generating a reasonable output on account of its design or surroundings.”
Amendments relating to new notice requirements4.
(1)
In regulation 17(2) (completion certificates), after “regulation 16(4)”
insert
.“of these Regulations or regulation 17A(1) of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024”
(2)
In regulation 41(3)(b)(ii) (sound insulation testing), after “regulation 16(4)”
insert
.“of these Regulations or regulation 17A(1) of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024”
(3)
In regulation 44 (commissioning)—
(a)
in paragraph (4)(b)(i), after “regulation 16(4)”
insert
;“of these Regulations or regulation 17A(1) of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024”
(b)
in paragraph (4)(b)(ii), for “where that regulation does not”
substitute
.“where those regulations do not”
(4)
In regulation 44ZA (commissioning in respect of a system for on-site electricity generation)—
(a)
in paragraph (3)(b)(i), after “regulation 16(4)”
insert
;“of these Regulations or regulation 17A(1) of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024”
(b)
in paragraph (3)(b)(ii), for “where that regulation does not”
substitute
.“where those regulations do not”
Amendments to the Building (Registered Building Control Approvers etc.) (Wales) Regulations 20245.
(1)
(2)
“(1A)
In these Regulations “client”, “contractor”, “designer”, “domestic client”, “principal contractor”, “principal designer”, “sole contractor” and “sole or lead designer” have the meanings given in the 2010 Regulations.”
(3)
“Completion notices17A.
(1)
A person carrying out building work in circumstances where regulation 17(1) applies must, not more than 5 days after that work has been completed, give the building control authority a notice which complies with paragraph (2).
(2)
The notice under paragraph (1) must include—
(a)
the name, address, telephone number and (if available) email address of the client;
(b)
the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and principal designer (or sole or lead designer);
(c)
a statement that the building work is complete;
(d)
a statement, signed by the client, confirming that to the best of the client’s knowledge the work complies with all applicable requirements of the building regulations;
(e)
subject to paragraph (3), a statement, given by each principal contractor (or sole contractor) for the work and each principal designer (or sole designer) for the work, signed by the person to which the declaration relates which includes—
(i)
the name, address, telephone number and (if available) email address of that person,
(ii)
the dates of their appointment, and
(iii)
confirmation—
(aa)
in the case of a principal contractor (or sole contractor), that they fulfilled their duties as principal contractor under Part 2A (dutyholders and competence) of the 2010 Regulations;
(bb)
in the case of a principal designer (or sole designer), that they fulfilled their duties as principal designer under Part 2A (dutyholders and competence) of the 2010 Regulations.
(3)
If for any reason the person carrying out building work is unable to include a statement for a person mentioned under paragraph (2)(e), the person carrying out the building work must include a statement giving the reasons why that person’s statement has not been included.”
(4)
In Schedule 1 (forms), Form 10(W) is amended as follows—
(a)
“5.
[(4) confirms [it has/they have] received notice in accordance with regulation 16 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 and the contravention has not been remedied within the time period. The contravention is] (6)”;
(b)
“NOTES”, after paragraph (5) insert—
“(6): Delete this statement if it does not apply. If it applies, specify the provision(s) of the building regulations (including the specific requirement) which is contravened.”
(5)
In Schedule 2 (grounds for rejecting an initial notice, an amendment notice or a plans certificate combined with an initial notice)—
(a)
at the beginning of paragraph 12(2)(a), insert
;“subject to sub-paragraph 3,”
(b)
“(3)
Sub-paragraph (2)(a) does not apply if—
(a)
the earlier notice has been cancelled by the client or the approver,
(b)
the client has received a notice of contravention in accordance with regulation 16(1), and
(c)
the client has failed to remedy the contravention in the time specified in regulation 16(3).”
Amendments to the Building (Restricted Activities and Functions) (Wales) Regulations 20246.
(1)
(2)
In regulation 3(1)(a), after “the 2010 Regulations”
insert
.“or the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025”
Amendments to the Building etc. (Amendment) (No. 2) (Wales) Regulations 20257.
(1)
(2)
“20.
(1)
The amendments made to the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 by these Regulations do not apply to building work in relation to which an initial notice has been given to a local authority before 1 July 2026 unless, on or after 1 July 2026, the initial notice is rejected by the local authority or otherwise ceases to be in force.
(2)
The amendments made by these Regulations do not apply to any form submitted in relation to which an initial notice has been given to a local authority before 1 July 2026 that complies with the requirements at the time the initial notice was given.”
Transitional provisions8.
(1)
The amendments made by regulation 3 do not apply where—
(a)
building work on an individual building is to be regarded as commenced before 4 March 2027 in accordance with any relevant notification provision, or
(b)
a relevant notification provision has been complied with in relation to proposed building work on an individual building before 4 March 2027 and the building work is to be regarded as commenced before the period ending on 3 March 2028.
(2)
(3)
The amendments made by regulation 5 do not apply in any case where the initial notice has been cancelled before 1 July 2026.
(4)
In this regulation—
“building work” (“gwaith adeiladu”) has the meaning given by regulation 2(1) of the Building Regulations 2010;
“relevant notification provision” (“darpariaeth hysbysu berthnasol”) means regulation 12(2) of the Building Regulations 2010 and sections 47(1), 51A(2) and 54 of the Building Act 1984.
These Regulations amend the Building Regulations 2010 (“the 2010 Regulations”) as they apply in relation to Wales, the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 (“the RBCA Regulations”) and the Building (Restricted Activities and Functions) (Wales) Regulations 2024 (“the Restricted Activities and Functions Regulations”).
Regulation 3(1) of these Regulations amends the definition of “fixed building services” in regulation 2(1) of the 2010 Regulations to include fixed lifts, escalators or moving walkways in new buildings (but not in individual dwellings).
Regulation 3(2) of these Regulations revokes regulations 25A and 25B of the 2010 Regulations.
Regulations 3(3), 3(4) and 3(5) of these Regulations amend regulations 25D, 26C and 27C of the 2010 Regulations to apply an updated performance metric for dwellings to be measured against. References to “energy efficiency rating” are replaced by “energy use intensity rating”.
Regulation 3(6) of these Regulations amends Part L of Schedule 1 to the 2010 Regulations to add provision for the reduction of greenhouse gas emissions and inserts a new requirement so that when a dwelling or a building containing a dwelling is erected, a system for renewable electricity generation must be installed on-site, subject to specified limitations.
Regulation 4 makes consequential amendments to the 2010 Regulations to account for the new notice requirement made in regulation 5.
Regulation 5(2) inserts certain definitions into regulation 2 of the RBCA Regulations. Regulation 5(3) inserts a new regulation 17A into the RBCA Regulations which sets out the notice requirements on completion for works in which an initial notice has either ceased to be in force or has been cancelled and supervision of the works has reverted to the local authority.
Regulation 5(4) amends Form 10 (Notice of Cancellation by Person Carrying out the Work) contained in Schedule 1 to the RBCA Regulations. It provides for a declaration to be made where the person completing the form is subject to a serious contravention notice. Regulation 5(5) amends paragraph 12 of Schedule 2 to the RBCA Regulations to provide that a new initial notice cannot be given where an earlier initial notice has been cancelled by either the Registered Building Control Approver or the client and at such time the works are subject to a contravention notice.
Regulation 6 amends regulation 3(1)(a) of the Restricted Activities and Functions Regulations to include reference to the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 to ensure that checking plans in relation to higher-risk building work is also a restricted activity.
Regulation 7 substitutes regulation 20 of the Building etc. (Amendment) (No. 2) (Wales) Regulations 2025 which are transitional and saving provisions.
Regulation 8 of these Regulations contains transitional provisions. The changes in regulation 3 will not apply where building work on an individual building has been started in accordance with a relevant notification provision, provided that the building work on that building has already started, or is started within the period of 12 months after regulation 3 comes into force on 4 March 2027. The new regulation 17A, the amendments to Form 10 and the changes to paragraph 12 of Schedule 2 do not apply where an initial notice has been cancelled before 1 July 2026.
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.