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Statutory Instrument Published 18 Dec 2025 Welsh Government ↗ View on legislation.gov.uk

The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025

This instrument is part of a set of Regulations which implement Part 3 of the Building Safety Act 2022.

▤ Verbatim text from source document

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The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025
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2025 No. 1320 (W. 215)
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Welsh Statutory Instruments
2025 No. 1320 (W. 215)
Building And Buildings, Wales
The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025
Made
12 December 2025
Laid before Senedd Cymru
18 December 2025
Coming into force
1 July 2026

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 1(1), 32(6), 34, 35(2) and (3), 35D(1), (2), and (3), 91ZD(1), (2) and (3) and 101A(3) and (4) of, and paragraphs 1A to 1D, 1F to 1I, 5A, 5B, 5C, 7, 8,and 10 of Schedule 1 to, the Building Act 1984(
1
), and section 167(1), (2) and (3) of the Building Safety Act 2022(
2
).

The Welsh Ministers have consulted the Building Regulations Advisory Committee for Wales and such other persons they consider appropriate under section 14(7) of the Building Act 1984(
3
).
PART 1
Introduction
Title, application and coming into force
1.
—(1) The title of these Regulations is the Building etc. (Amendment) (No. 2) (Wales) Regulations 2025.
(2) These Regulations come into force on 1 July 2026.
(3) These Regulations apply in relation to Wales.
(4) In these Regulations “
the 2010 Regulations
” means the Building Regulations 2010(
4
).
PART 2
Amendment of the Building Regulations 2010
Amendment of the 2010 Regulations
2.
The 2010 Regulations are amended in accordance with regulations 3 to 15.
Amendments to regulation 2
3.
In regulation 2(1) (interpretation) of the 2010 Regulations—
(a)
in the appropriate places insert—

“
“
application for building control approval with full plans
” means an application for building control approval
(
5
)
under regulations 12(2)(b) and 14;
”
;

“
“
building control approval
” has the meaning given by paragraph 1B of Schedule 1 to the Act;
”
;

“
“
building control authority
” has the meaning given in section 121A of the Act;
”
;

“
“
business
” means a trade, business or other undertaking (whether for profit or not);
”
;

“
“
client
” means any person for whom a project is carried out;
”
;

“
“
completion certificate application
” has the meaning given in regulation 39(1) of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025
(
6
)
;
”
;

“
“
construction phase
” means the period beginning when any building work on a project starts and ending when that project is completed;
”
;

“
“
contractor
” means any person (including a client, but not a domestic client) who, in the course of a business, carries out, manages or controls any building work;
”
;

“
“
design work
” means the design of any building work;
”
;

“
“
designer
” means any person (including a client, contractor or other person referred to in Part 2B of these Regulations) who in the course of a business—

(a)
carries out any design work, or

(b)
arranges for, or instructs, any person under their control to do so;
”
;

“
“
domestic client
” means a client for whom a project is being carried out which is not in the course or furtherance of a business of that client;
”
;

“
“
higher-risk building
” has the meaning given in regulation 3 of the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023
(
7
)
;
”
;

“
“
higher-risk building work
” means any work relating to higher-risk building or a proposed higher-risk building, including—

(a)
any work relating to a building that is not a higher-risk building that causes it to become such a building, and

(b)
any work relating to a higher-risk building that causes it to cease to be such a building.
”
;

“
“
principal contractor
” means—

(a)
the contractor appointed under regulation 11U (principal designer and principal contractor) to perform the duties of a principal contractor under these Regulations, or

(b)
a person assigned under regulation 11T(1) (domestic clients), including where a domestic client assigns themselves to perform the duties of a principal contractor under these Regulations;
”
;

“
“
principal designer
” means—

(a)
the designer appointed under regulation 11U (principal designer and principal contractor) to perform the duties of a principal designer under these Regulations, or

(b)
a person assigned under regulation 11T(1) (domestic clients), including where a domestic client assigns themselves to perform the duties of a principal contractor under these Regulations;
”
;

“
“
project
” means a project which includes or is intended to include any building work and includes all planning work, design work, management or other work involved in a project until the end of the construction phase;
”
;

“
“
recipient
”, in relation to a compliance notice or a stop notice, means the person to whom the notice will be or has been given;
”
;

“
“
sole contractor
” means a person fulfilling the duties of the principal contractor by virtue of regulation 11U(6);
”
;

“
“
sole or lead designer
” means a person fulfilling the duties of the principal designer by virtue of regulation 11U(7);
”
;

“
“
working day
” means any day which is not Saturday, Sunday, 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
(
8
)
;
”
;

(b)
omit the definition of “full plans”.

Amendments to the application of the 2010 Regulations
4.
After regulation 2B (disapplication of certain procedural requirements of the Building Regulations 2010 in relation to higher-risk building work) insert—
Application: Wales
2C.

Subject to regulation 2D, these Regulations apply to all buildings in Wales, including higher-risk buildings.

Disapplication of certain procedural requirements of the Building Regulations 2010 in relation to higher-risk building work : Wales
2D.

The following regulations do not apply to higher-risk building work in Wales—

(a)
regulation 12 (giving of a building notice or an application for building control approval);

(b)
regulation 13 (particulars and plans where a building notice is given);

(d)
regulation 14D (determination of applications for building control approval with full plans: Wales);

(e)
regulation 15 (consultation with sewerage undertaker);

(f)
regulation 15B (consultation in relation to fire safety: Wales);

(g)
regulation 16 (notices in relation to building work);

(h)
regulation 17 (completion certificates);

(i)
regulation 17A (certificate for building occupied before work is completed);

(j)
regulation 18 (unauthorised building work);

(k)
regulation 19 (supervision of building work otherwise than by local authorities);

(l)
regulation 38 (fire safety information);

(m)
regulation 39 (information about ventilation);

(n)
regulation 40 (information about use of fuel and power);

(o)
regulation 40A (information about systems for on-site generation of electricity);

(p)
regulation 40B (information about overheating).
”

Amendmentsdutyholders and competence
5.
After regulation 11Q (interpretation of this Part) insert the following new Part—
“
PART

2B - WALES
Dutyholders and competence
CHAPTER 1
Client
Suitable arrangements to ensure compliance with requirements etc.: Wales
11R.
—
(1)

A client must make suitable arrangements for planning, managing and monitoring a project (including allocation of sufficient time and other resources) to ensure compliance with all relevant requirements.

(2)

Arrangements under paragraph (1) are suitable if—

(a)
they ensure that the design work is carried out so that the building work to which the design relates, if built, would be in compliance with all relevant requirements,

(b)
they ensure the building work is carried out in accordance with all relevant requirements,

(c)
they enable the designers and contractors to cooperate with each other to ensure compliance with all relevant requirements, and

(d)
they provide for periodic review of the building work (and the design work) included or to be included in the project to identify whether it is higher-risk building work.

(3)

A client must ensure that the arrangements under paragraph (1) are maintained and reviewed throughout the project.

(4)

A client must provide building information as soon as is practicable to every designer and contractor on the project.

(5)

A client must cooperate with any other person working on or in relation to a project to the extent necessary to enable any person with a duty or function under these Regulations to fulfil that duty or function.

(6)

Where there is more than one client in relation to a project—

(a)
the clients may agree in writing which of them is to be treated for the purposes of these Regulations as the client;

(b)
except for the duties specified in sub-paragraph (c), only the person who agreed to be treated as the client under sub-paragraph (a) is subject to the duties owed by a client under these Regulations;

(i)
paragraph (4) to the extent that those duties relate to information in the possession of the client or which is reasonably obtainable by or on behalf of the client,

(ii)
paragraph (5), and

(iii)
regulation 11S (arrangements as to information: higher-risk building work).

(7)

In this section—

“
building information
” means information in the client’s possession or which is reasonably obtainable by or on behalf of the client, which is relevant to the building work or the design work, including information about—

(a)
the work;

(b)
planning and management of the project;

Arrangements as to informationhigher-risk building work: Wales
11S.
—
(1)

A client must make suitable arrangements to ensure information is provided to the designers and contractors working on a project which includes any higher-risk building work, to make them aware that the project includes higher-risk building work and the nature of the higher-risk building work.

(2)

Paragraph (1) includes a duty to periodically review the building work (and the design work) included or to be included in the project so as to identify whether it is higher-risk building work and to ensure information is provided under paragraph (1) where the work becomes higher-risk building work.

Domestic clientsWales
11T.
—
(1)

Where the client is a domestic client they may assign the duties in regulations 11R(1) to (3), 11V(2) to (5), 11Z4, and 11Z5 to themselves, or to any other person, provided that—

(a)
if the domestic client is undertaking the duties, there is a written statement—

(i)
confirming the domestic client understands the duties they are responsible for,

(ii)
confirming the domestic client is able to carry out those duties,

(iii)
including the location of the building work,

(iv)
including the domestic client’s name, address, telephone number and (if available) email address, and

(v)
signed by the domestic client;

(b)
if another person is undertaking the duties, there is a written statement—

(i)
confirming the person understands the duties they are responsible for,

(ii)
confirming the person is able to carry out those duties,

(iii)
including the location of the building work,

(iv)
including the person’s name, address, telephone number and (if available) email address,

(v)
signed by the person, and

(vi)
signed by the domestic client.

(2)

The domestic client must give a written statement as required by paragraph (1)—

(a)
in relation to a project which includes higher-risk building work for which an application for building control approval must be submitted to the building control authority, before that application is submitted;

(b)
in relation to any other project, before the construction phase begins.

(3)

If a domestic client fails to assign a person under paragraph (1) the duties in regulations 11R(1) to (3) and 11V(2) to (5) must be carried out by—

(a)
the contractor, where there is only one contractor for a project, or

(b)
either—

(i)
the principal contractor, or

(ii)
the principal designer where the client and the principal designer agree in writing the principal designer is to fulfil those duties,

where there is more than one contractor for a project.

(4)

If a domestic client fails to make the appointments required by regulation 11U (principal designer and principal contractor)—

(a)
the designer in control of the design phase of the project is the principal designer;

(b)
the contractor in control of the construction phase of the project is the principal contractor.

(5)

Regulation 11U(5) does not apply to a domestic client.

CHAPTER 2
Appointment of principal designer and principal contractor etc.
Principal designer and principal contractor: Wales
11U.
—
(1)

Where there is more than one contractor, or it is reasonably foreseeable that more than one contractor will be working on a project, the client must appoint in writing—

(a)
a designer with control over the design work as the principal designer for the purposes of these Regulations, and

(b)
a contractor with control over the building work as the principal contractor for the purposes of these Regulations.

(2)

A client is treated as complying with the requirement in paragraph (1) if, instead of appointing a person for the purposes of these Regulations, they certify, in writing, that the person who is the CDM principal designer, or, as the case may be, the CDM principal contractor, is treated as appointed as the principal designer or, as the case may be, the principal contractor, for the purposes of these Regulations.

(3)

The appointments under this regulation must be made—

(b)
in relation to any other project, before the construction phase begins.

(4)

Where the appointment of a principal designer or the principal contractor ends before the end of the project, as soon as reasonably practicable the client must appoint a new principal designer or new principal contractor under this regulation.

(5)

Where the client fails to appoint a principal designer (or a replacement principal designer) or, a principal contractor (or a replacement principal contractor), the client must fulfil the duties of the principal designer or the principal contractor, under these Regulations until they appoint another person to that role.

(6)

Where there is only one contractor working on a project that contractor is to be treated as appointed as the principal contractor and must fulfil the duties of the principal contractor set out in these Regulations.

(7)

Where paragraph (6) applies and—

(a)
there is only one designer, or it is reasonably foreseeable that there will be only one designer working on a project, that designer must fulfil the duties of the principal designer set out in these Regulations, or

(b)
there is more than one designer or it is reasonably foreseeable that there will be more than one designer working on a project at any time—

(i)
the designers must agree in writing which designer is to fulfil the duties of the principal designer set out in these Regulations (“the lead designer”);

(ii)
the principal designer must give a copy of the agreement to the client.

(8)

In relation to higher-risk building work, on appointing a principal designer, for each appointment the client must keep a record, in writing, of the steps it took under paragraph (2) to (4) of regulation 11V (considerations before a person carries out work: Wales).

(9)

In relation to higher-risk building work, on appointing a principal contractor, for each appointment the client must keep a record, in writing, of the steps it took under paragraphs (2), (3) and (5) of regulation 11V (considerations before a person carries out work: Wales).

(10)

In relation to higher-risk building work, on appointing any other person, the person making the appointment must give to the client (and the client must keep) a record, in writing, of the steps the person making the appointment took under regulation 11V(2) (considerations before a person carries out work: Wales).

(11)

In this regulation—

“
CDM principal contractor
” means a contractor appointed as principal contractor under the CDM Regulations;

“
CDM principal designer
” means a designer appointed as principal designer under the CDM Regulations;

“
the CDM Regulations
” means the Construction (Design and Management) Regulations 2015
(
9
)
.

Considerations before a person carries out workWales
11V.
—
(1)

This regulation applies where a person (P) is proposing to use any person (A) to carry out any building work or design work.

(2)

Before permitting A to carry out any work—

(a)
P must take all reasonable steps to satisfy themself that A—

(i)
fulfils the requirements in regulation 11W(1) and (2) (competence: general requirement: Wales), or

(ii)
is an individual who is in training to fulfil the requirements in regulation 11W(1) and (2) and arrangements have been put in place to supervise A, and

(b)
where the work relates to a higher-risk building, P must—

(i)
ask A whether a serious sanction has occurred, in relation to them, within the 5 years ending on the date of the appointment, and

(ii)
consider any information available to P relating to any misconduct of A (including any serious sanction).

(3)

Before permitting A to undertake any work, P must additionally take all reasonable steps to satisfy themselves that A is able to fulfil the duties of regulation 11Z1 (general duty: Wales).

(4)

Where A is to be appointed as the principal designer, the client must take all reasonable steps to satisfy themselves that A fulfils the requirements in regulations 11W(1) and (2) (competence: general requirement: Wales) and 11X(1) (competence: principal designer: Wales) in relation to the design work.

(5)

Where A is to be appointed as the principal contractor, the client must take all reasonable steps to satisfy themselves that A fulfils the requirements in regulations 11W(1) and (2) (competence: general requirement: Wales) and 11Y(1) (competence: principal contractor: Wales) in relation to the building work.

(6)

Any request to undertake any building work or any design work must not be accepted by A if A does not satisfy the requirements in regulation 11W(1) and (2) (competence: general requirement: Wales) at the time of the appointment (except where those requirements do not apply to A by virtue of regulation 11W(3)).

(7)

A must not act—

(a)
as the principal designer in relation to any design work if A does not satisfy the requirements in regulations 11W(1) and (2) (competence: general requirement: Wales) and 11X(1) (competence: principal designer: Wales) at the time of the appointment as the principal designer;

(b)
as the principal contractor in relation to any building work if A does not satisfy the requirements in regulations 11W(1) and (2) (competence: general requirement: Wales) and 11Y(1) (competence: principal contractor: Wales) at the time of the appointment as the principal contractor.

(8)

In this regulation “
serious sanction
” means—

(a)
the issue to A of a compliance notice which referred to contravention or likely contravention of a requirement of Part A (structure) or Part B (fire safety) of Schedule 1;

(b)
the issue to A of a stop notice;

(i)
the Act;

(ii)
the Health and Safety at Work etc. Act 1974;

(iii)
the Building Safety Act 2022;

(iv)
the Regulatory Reform (Fire Safety) Order 2005;

(d)
a report published by an inquiry under the Inquiries Act 2005 finds that A’s action or inaction resulted in one or more deaths or was likely to have been a contravention of any requirement of—

(i)
the Act;

(ii)
Part A (structure) or Part B (fire safety) of Schedule 1;

(iii)
the Health and Safety at Work etc. Act 1974;

(iv)
the Building Safety Act 2022;

(v)
the Regulatory Reform (Fire Safety) Order 2005.

CHAPTER 3
Competence: Wales
Competence: general requirement: Wales
11W.
—
(1)

Any person carrying out any building work or any design work must have—

(a)
where the person is an individual, the skills, knowledge, experience and behaviours necessary;

(b)
where the person is not an individual, the organisational capability, to carry out—

(i)
the building work in accordance with all relevant requirements;

(ii)
the design work so that the building work to which the design relates, if built, would be in accordance with all relevant requirements.

(2)

Any person carrying out any building work as a contractor or any design work as a designer must have—

(a)
where the person is an individual, the skills, knowledge, experience and behaviours necessary,

(b)
where the person is not an individual, the organisational capability,

to fulfil the duties of a contractor or designer, under these Regulations in relation to the work.

(3)

The requirements in paragraphs (1) and (2) do not apply to an individual (T) who is in training to fulfil those requirements.

(4)

The person who asked T to carry out any building work or, any design work must ensure T is adequately supervised when carrying out the work.

(5)

A person who is in training to fulfil the requirements of a principal contractor or a principal designer may not be appointed as a principal contractor or a principal designer.

Competenceprincipal designer: Wales
11X.
—
(1)

To fulfil the duties of a principal designer in relation to the design work included in the project—

(a)
where the person is an individual, they must have the skills, knowledge, experience and behaviours necessary;

(b)
where the person is not an individual, they must have the organisational capability.

(2)

Where the principal designer (D) is not an individual, D must designate an individual who has the task of managing its functions as the principal designer.

(3)

Before making the designation under paragraph (2), D must take all reasonable steps to satisfy themself that the individual to be designated has the skills, knowledge, experience and behaviours necessary to manage the function of principal designer on behalf of D in such a way as to ensure D fulfils the duties of the principal designer under these Regulations in relation to the design work included in the project.

Competenceprincipal contractor: Wales
11Y.
—
(1)

To fulfil the duties of a principal contractor in relation to the building work included in the project—

(a)
where the person is an individual, they must have the skills, knowledge, experience and behaviours necessary;

(b)
where the person is not an individual, they must have the organisational capability.

(2)

Where the principal contractor (C) is not an individual, C must designate an individual under C’s control who has the task of managing its functions as the principal contractor.

(3)

Before making the designation under paragraph (2), C must take all reasonable steps to satisfy themself that the individual to be designated has the skills, knowledge, experience and behaviours necessary to manage the function of principal contractor on behalf of C in such a way as to ensure C fulfils the duties of the principal contractor under these Regulations in relation to the building work included in the project.

Ceasing to be competentnotification: Wales
11Z.
—
(1)

Where at any time a person (A) ceases to satisfy the requirements in regulation 11W(1) and (2), 11X(1) or, as the case may be, 11Y(1) in relation to any building work or any design work, A must—

(a)
in a case where A is the principal designer or the principal contractor, notify the client;

(b)
in a case where there is more than one designer and A is a designer, notify the person who asked them to carry out the design work and the principal designer;

(c)
in a case where there is more than one contractor and A is a contractor, notify the person who asked them to carry out the building work and the principal contractor;

(d)
in any other case, notify the person who asked them to carry out the work.

(2)

If at the time of the notification under paragraph (1)(b) there is no principal designer appointed, that paragraph has effect as if the reference to the principal designer were a reference to the client.

(3)

If at the time of the notification under paragraph (1)(c) there is no principal contractor appointed, that paragraph has effect as if the reference to the principal contractor were a reference to the client

CHAPTER 4
Duties of dutyholders
General duty: Wales
11Z1.
—
(1)

Any person carrying out any building work must ensure the work carried out by them (and by any workers under their control) is planned, managed and monitored so as to be in compliance with all relevant requirements.

(2)

Any person carrying out any design work must take all reasonable steps to ensure the design work carried out by them (and by any workers under their control) is planned, managed and monitored so that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

(3)

Any person carrying out any building work must cooperate with the client, designers and contractors (including the principal designer and principal contractor, if any) to the extent necessary to ensure that the work complies with all relevant requirements.

(4)

Any person carrying out any design work must cooperate with the client, designers and contractors (including the principal designer and principal contractor, if any) to the extent necessary to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

Additional duties of designersWales
11Z2.
—
(1)

A designer must not start design work unless satisfied that the client is aware of the duties owed by the client for the building work to which the design relates under all relevant requirements.

(2)

When carrying out design work the designer must take all reasonable steps to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

(3)

In providing a design, a designer must take all reasonable steps to provide sufficient information about the design, construction and maintenance of the building to assist the client, other designers and contractors to comply with all relevant requirements.

(4)

Where a designer is carrying out only part of the design of the building work which comprises a project, the designer must consider other design work which directly relates to that building work and report any concerns as to compliance with all relevant requirements to the principal designer.

(5)

If requested to do so, a designer must provide advice to the principal designer or the client on whether any work, to which a design they are preparing or modifying relates, is higher-risk building work.

Additional duties of contractorsWales
11Z3.
—
(1)

A contractor must not start any building work unless satisfied that the client is aware of the duties owed by the client under all relevant requirements.

(2)

A contractor must—

(a)
ensure the building work they carry out complies with all relevant requirements, and

(b)
provide each worker under their control with appropriate supervision, instructions and information so as to ensure that the building work complies with all relevant requirements.

(3)

In relation to building work, a contractor must take all reasonable steps to provide sufficient information about the work to assist the client, other contractors and designers to comply with all relevant requirements.

(4)

Where a contractor is carrying out only part of the building work which comprises a project, the contractor must consider other work which directly relates to that building work and report any concerns as to compliance with all relevant requirements to the principal contractor.

(5)

If requested to do so, a contractor must provide advice to the principal contractor or the client on whether any work is higher-risk building work.

Additional duties of a principal designerWales
11Z4.
—
(1)

The principal designer must—

(a)
plan, manage and monitor the design work during the design phase, and

(b)
coordinate matters relating to the design work comprised in the project so that all reasonable steps are taken to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

(2)

The principal designer must take all reasonable steps to ensure that—

(a)
designers, and any other person involved in relation to design work, cooperate with the client, the principal designer, the principal contractor and each other,

(b)
the design work of all designers is coordinated so that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements, and

(3)

The principal designer must liaise with the principal contractor and share with the principal contractor any information relevant to—

(a)
the planning, management and monitoring of the building work, and

(b)
the coordination of building work and design work to ensure compliance with all relevant requirements.

(4)

Where the principal contractor provides comments to the principal designer in relation to compliance with the relevant requirements, the principal designer must have regard to those comments.

(5)

The principal designer must—

(a)
if requested, assist the client in providing information to other designers and contractors;

(b)
when the principal designer’s appointment ends, no later than 28 days after the date their appointment ends, give to the client a document explaining the arrangements it put in place to fulfil the duties under paragraphs (1) to (3).

(6)

Where a replacement principal designer is appointed, they must review the arrangements the previous principal designer put in place for fulfilling the duties under paragraphs (1) to (3) so that all reasonable steps are taken to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

Additional duties of a principal contractorWales
11Z5.
—
(1)

The principal contractor must—

(a)
plan, manage and monitor the building work during the construction phase, and

(b)
coordinate matters relating to the building work comprised in the project to ensure the building work complies with all relevant requirements.

(2)

The principal contractor must take all reasonable steps to ensure—

(a)
contractors and any other person involved in relation to the building work cooperate with the client, the principal designer, the principal contractor and each other (including any successor in a role),

(b)
the building work of all contractors is coordinated so that the work complies with all relevant requirements, and

(c)
contractors and any other person involved in relation to building work comply with the duties under these Regulations.

(3)

The principal contractor must liaise with the principal designer and share with the principal designer any information relevant to—

(a)
the planning, management and monitoring of the design work, and

(b)
the coordination of building work and design work to ensure compliance with all relevant requirements.

(4)

Where the principal designer provides comments to the principal contractor in relation to compliance with the relevant requirements the principal contractor must have regard to those comments.

(5)

The principal contractor must—

(a)
if requested, assist the client in providing information to other designers and contractors;

(b)
when the principal contractor’s appointment ends, no later than 28 days after the date their appointment ends, give to the client a document explaining the arrangements it put in place to fulfil the duties under paragraphs (1) to (3).

(6)

Where a replacement principal contractor is appointed, they must review the arrangements the previous principal contractor put in place for fulfilling the duties under paragraphs (1) to (3) to ensure that the building work complies with all relevant requirements.

Notification of change of dutyholderWales
11Z6.
—
(1)

This paragraph applies where, in relation to any building work, at any time after an application for building control approval is made or a building notice is given the client for a project changes.

(2)

Where paragraph (1) applies the new client must give a notice to the building control authority which includes—

(a)
the location of the building work;

(b)
the name, address, telephone number and (if available) email address of the new client and the date they became the client;

(c)
the name, address, telephone number and (if available) email address of the previous client and the date they ceased to be the client;

(d)
where the notice is given by someone on behalf of the new client, a statement signed by the new client confirming they agree to the notice being made and that the information contained in the notice is correct.

(3)

This paragraph applies where, in relation to any building work, at any time after an application for building control approval is made or a building notice is given the client appoints a principal contractor (or sole contractor) or a principal designer (or sole or lead designer).

(4)

Subject to paragraph (5), where paragraph (3) applies the client must give a notice to the building control authority which includes—

(a)
the location of the building work;

(b)
the name, address, telephone number and (if available) email address of the person appointed (PA) and the date of appointment;

(c)
except where PA is the first person appointed to the role, the name, address, telephone number and (if available) email address of the person who held the role before PA (“outgoing dutyholder”) and the date their appointment ended;

(d)
where the notice is given by someone on behalf of the client, a statement signed by the client confirming they agree to the notice being given and that the information contained in the notice is correct.

(5)

Where the client is a domestic client (DC), except where under regulation 11T(1) a domestic client has assigned to themselves the duties in regulations 11R(1) to (3) and 11V(2) to (5) the following applies instead of paragraph (4)—

(a)
an outgoing dutyholder must provide the information referred to in paragraph (4)(c) to the DC within 5 working days of the date their appointment ends;

(b)
DC must provide the information referred to under paragraph (4)(c) to PA on the date of appointment of PA or as soon as practicable after that date;

(i)
the location of the building work;

(ii)
the name, address, telephone number and (if available) email address of PA and the date of appointment;

(iii)
except where PA is the first person appointed to the role, the name, address, telephone number and (if available) email address of the outgoing dutyholder and the date their appointment ended;

(iv)
a statement explaining the notice is given on behalf of DC.

(6)

Where PA has not received the information required to be provided under paragraph (5)(b) by the time the notice under paragraph (5)(c) is to be given, the statement given by PA under paragraph (5)(c)(iv) must also include an explanation to that effect.

(7)

A notice required under paragraphs (2), (4) or (5)(c) must be given to the building control authority within 10 working days beginning with the date of the appointment or, as the case may be, the date when the person became the client.

(8)

This regulation does not apply to higher-risk building work.

CHAPTER 5
General: Wales
Minor work: Wales
11Z7.

A client is not required to comply with this Part where the building work or design work consists only of work described in Schedule 4.

Interpretation of this PartWales
11Z8.
—
(1)

In this Part—

“
design
” includes drawings, design details, specifications and bills of quantities (including specification of articles or substances) relating to a building, and calculations prepared for a design;

“
design phase
” means any period during which design work is carried out for a project and may continue during the construction phase;

“
relevant requirements
” means, to the extent relevant to the building work or design work in question, the requirements of regulations 4, 6, 7, 8, 22, 23, 25B, 26, 26A, 27B, 28, 36, 41(2)(a), 42(2)(a), 43(2)(a), 44A, 44ZA, 44ZC and 44D to 44I and Schedule 1.

(2)

References in this Part to an appointment under regulation 11U (principal designer and principal contractor: Wales) includes an appointment which is certified under regulation 11U(2).

(3)

For the purposes of this Part, “
organisational capability
” means appropriate management policies, procedures, systems and resources to ensure—

(a)
individuals under the control of the organisation who are carrying out any building work or any design work comply with—

(i)
regulation 11W(1)(a) and (2)(a)(competence: general requirement: Wales);

(ii)
in the case of the principal designer, regulations 11W(1)(a) and (2)(a) and 11X(1)(a);

(iii)
in the case of the principal contractor, regulations 11W(1)(a) and (2)(a) and 11Y(1)(a);

(b)
individuals under the control of the organisation who are in training to develop the necessary skills, knowledge, experience and behaviours are appropriately supervised.

(4)

For the purposes of this Part the necessary behaviours include—

(a)
compliance with relevant requirements, including refusing to carry out—

(i)
any building work which is not in compliance with any relevant requirement;

(ii)
any design work if the building work to which the design relates cannot be carried out in compliance with all relevant requirements;

(b)
cooperation with other persons in relation to the work;

(c)
refusing to carry out work which is beyond their skills, knowledge or experience, and asking for the assistance of other persons where necessary.
”

Amendmentsdeposit of plans and building control authorities etc.
6.
—(1) In regulation 11 (power to dispense with or relax requirements), in paragraph (2), for “local authority” substitute
“building control authority”
.
(2) In regulation 12 (giving a building notice etc)—
(a)
in the heading, for “deposit of plans” substitute
“an application for building control approval”
;

(b)
in paragraph (2)—

(i)
in sub-paragraph (a), for “local authority” substitute
“building control authority”
;

(ii)
in sub-paragraph (b), for “deposit full plans with the local authority” substitute
“give an application for building control approval with full plans to the building control authority”
;

(c)
in paragraphs (3), (4), and (5), for “deposit full plans” substitute
“give an application for building control approval with full plans”
;

(d)
in paragraph (6), for “deposit full plans” substitute
“an application for building control approval with full plans”
;

(e)
in paragraph (8), for “local authority” substitute
“building control authority”
.

(3) In regulation 13 (particulars and plans where a building notice is given)—
(a)
in paragraphs (3) and (5), for “local authority” substitute
“building control authority”
;

(b)
in paragraph (4), for “for the purposes of section 16 of the Act as having been deposited” substitute
“as an application for building control approval with full plans”
.

(4) In regulation 15 (consultation with sewerage undertaker)—
(a)
in paragraph (1), for “full plans have been deposited with the local authority” substitute
“an application for building control approval with full plans has been given to the building control authority”
;

(b)
in paragraph (2)—

(i)
for “local authority” substitute
“building control authority”
;

(ii)
for “the plans have been deposited” substitute
“the application for building control approval with full plans has been given”
;

(i)
for “local authority” substitute
“building control authority”
;

(ii)
for “the deposit of full plans” substitute
“the giving of an application for building control approval with full plans”
;

(iii)
for “pass plans” substitute
“grant the application for building control approval”
.

(5) In regulation 16 (notice of commencement and completion of certain stages of work)—
(a)
in paragraphs (1), (2), (3), (4), (5), (6) and (7), for “local authority”, in each place it occurs, substitute
“building control authority”
;

(b)
after paragraph (4) insert—

“
(4A)

The notice under paragraph (4) 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 the principal designer (or sole or lead designer);

(d)
a statement, signed by the client or an applicant acting on the client’s behalf, confirming that to the best of the client’s knowledge the work complies with all applicable requirements of the building regulations. Where a person has signed on the client’s behalf, a declaration from the client that they approve of this notice;

(e)
a statement given by each principal contractor (or sole contractor) for the work and each principal designer (or sole or lead 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 a principal contractor under Part 2B (dutyholders and competence) of these Regulations;

(bb)
in the case of a principal designer (or sole or lead designer), that they fulfilled their duties as a principal designer under Part 2B (dutyholders and competence) of these Regulations.

(4B)

If for any reason a person carrying out building work is unable to include a statement for a person mentioned under paragraph (4A)(e), the person carrying out the building work must include a statement giving the reasons why that person’s statement has not been included.
”

(c)
in paragraph (5), for “at least five days notice” substitute
“a notice which complies with paragraph (5A) at least 5 working days”
;

(d)
after paragraph (5) insert—

“
(5A)

The notice under paragraph (5) 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 the principal designer (or sole or lead designer);

(d)
a statement, signed by the client or an applicant acting on the client’s behalf, confirming that to the best of the client’s knowledge, regardless of the completion of the current building work, regulation 38 and Part B of Schedule 1 are currently complied with in relation to those parts of the building which are to be occupied before completion of the work. Where a person has signed on the client’s behalf, a declaration from the client that they approve of this notice;

(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 a principal contractor under Part 2B (dutyholders and competence) of these Regulations;

(bb)
in the case of a principal designer (or sole or lead designer), that they fulfilled their duties as a principal designer under Part 2B (dutyholders and competence) of these Regulations.

(5B)

If a person carrying out building work is unable to include a statement for a person mentioned in paragraph (5A)(e), the person carrying out the building work must include a statement giving reasons why that person’s statement has not been included.
”
;

(e)
in paragraph (8), for “deposit full plans” substitute
“an application for building control approval with full plans”
.

(6) In regulation 17 (completion certificates)—
(a)
in paragraph (1), for “local authority” substitute
“building control authority”
;

(b)
for paragraph (2) substitute—

“
(2)

The specified period referred to in paragraph (1) is 8 weeks starting from the date that notice under regulation 16(4) is received by the building control authority.
”
;

“
(6)

Where the building control authority is a designated local authority under section 91ZD(3) of the Act, it must send a copy of each certificate it gives under this regulation in relation to a building to the local authority for the area in which the building is situated.
”
.

(7) In regulation 17A(
10
) (certificate for building occupied before work is completed)—
(a)
in paragraphs (1) and (2), for “local authority” substitute
“building control authority”
;

(b)
after paragraph (4) insert—

“
(5)

(8) In regulation 18 (unauthorised building work)—
(a)
in paragraphs (1), (2), (3), (4), (5) and (8)(a) and (b), for “local authority”, in each place it occurs, substitute
“building control authority”
;

(b)
after paragraph (6) insert—

“
(6A)

Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each certificate it gives under this regulation in relation to a building to the local authority for the area in which the building is situated.
”
;

(c)
in paragraph (7), for “for the purposes of section 16 of the Act as the deposit of plans” substitute
“as an application for building control approval with full plans”
;

(d)
in paragraph (8)(b), for “full plans of the work being deposited with” substitute
“an application for building control approval with full plans of the work being given to”
;

(e)
in paragraph (8)(c)—

(i)
for “commencement of” substitute
“intention to start”
;

(ii)
for “full plans have been deposited” substitute
“an application for building control approval with full plans of the work has been given”
.

(9) In regulation 20 (provisions applicable to self-certification schemes)—
(a)
in paragraphs (2), (3), (3A) and (3B), for “local authority”, in each place it occurs, substitute
“building control authority”
;

(b)
after paragraph (6) insert—

“
(6A)

Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.
”

(10) In regulation 25A(
11
) (consideration of high-efficiency alternative systems for new buildings)—
(a)
in paragraph (2)—

(i)
at the start insert
“Where work is not higher-risk building work”
;

(ii)
in sub-paragraphs (a) and (b), for “local authority” substitute
“building control authority”
;

(b)
after paragraph (2) insert—

“
(2A)

Where the work is higher-risk building work the person carrying out the work must—

(a)
at the same time as submitting the application for building control approval, give the building control authority a notice which states that the analysis referred to in paragraph (1)—

(i)
has been undertaken;

(ii)
is documented; and

(iii)
the documentation is available to the authority for verification purposes; and

(b)
ensure that a copy of the analysis is available for inspection at all reasonable times upon request by an officer of the building control authority.
”

(d)
after paragraph (3) insert—

“
(3A)

Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.
”

(11) In regulation 27 (CO2 emission rate calculations)—
(a)
for paragraphs (2) and (3) substitute—

“
(2)

The person carrying out the work must—

(a)
where the new building is a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—

(i)
the target CO2 emission rate for the building, calculated and expressed by the methodology approved under regulation 24,

(ii)
the CO2 emission rate for the building as designed, calculated and expressed by the methodology approved under regulation 24, and

(iii)
a list of specifications to which the building is to be constructed;

(b)
in any other case, not later than the day before the work starts, give the building control authority a notice which specifies the matters set out in paragraphs (i) to (iii) of sub-paragraph (a).

(3)

The person carrying out the work must—

(a)
where the new building is a higher-risk building, ensure the completion certificate application in relation to the work is accompanied by—

(i)
a notice which specifies—

(aa)
the target CO2 emission rate for building, calculated and expressed by the methodology approved under regulation 24,

(bb)
the CO2 emission rate for the building as constructed, calculated and expressed by the methodology approved under regulation 24, and

(cc)
whether the building has been constructed by the list of specifications referred to in paragraph (2), and, if not, a list of any changes to those specifications, or

(ii)
a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);

(b)
in any other case, not later than five days after the work has been completed, give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) of sub-paragraph (a)(i) or a certificate of the sort mentioned in sub-paragraph (a)(ii).
”

(b)
in paragraph (4), for “local authority” substitute
“building control authority”
;

“
(4A)

(12) In regulation 27A(
12
) (primary energy rate calculations)—
(a)
for paragraphs (2) and (3) substitute—

“
(2)

The person carrying out the work must—

(a)
where the new building is a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—

(i)
the target primary energy rate for the building, calculated and expressed by the methodology approved under regulation 24;

(ii)
the primary energy rate for the building as designed, calculated and expressed by the methodology approved under regulation 24, and

(iii)
a list of specifications to which the building is to be constructed;

(b)
in any other case, not later than the day before the work starts give the building control authority a notice which specifies the matters set out in paragraphs (i) to (iii) of sub-paragraph (a).

(3)

The person carrying out the work must—

(a)
where the new building is a higher-risk building, ensure the completion certificate application in relation to the work is accompanied by—

(i)
a notice which specifies—

(aa)
the target primary energy rate for the dwelling, calculated and expressed by the methodology approved under regulation 24;

(bb)
the primary energy rate for the dwelling as constructed, calculated and expressed by the methodology approved under regulation 24, and

(cc)
whether the building has been constructed by the list of specifications referred to in paragraph (2), and, if not, a list of any changes to those specifications, or

(ii)
a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);

(b)
in any other case, not later than 5 days after the work has been completed give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) of sub-paragraph (a)(i) or a certificate of the sort mentioned in sub-paragraph (a)(ii).
”
;

(b)
in paragraph (4), for “local authority” substitute
“building control authority”
;

“
(4A)

(13) In regulation 27B (fabric performance values calculations)—
(a)
for paragraphs (2) and (3) substitute—

“
(2)

The person carrying out the work must—

(a)
where the dwelling is within a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—

(i)
the target fabric performance values for the dwelling, calculated and expressed by the methodology approved under regulation 24,

(ii)
the fabric energy performance values for the dwelling as designed, calculated and expressed by the methodology approved pursuant to regulation 24, and

(iii)
a list of specifications to which the dwelling is to be constructed;

(b)
in any other case, not later than the day before the work starts give the building control authority a notice which specifies the matters set out in paragraphs (1) to (iii) of sub-paragraph (a).

(3)

The person carrying out the work must—

(a)
where the dwelling is within a higher-risk building, ensure the completion certificate application in relation to the work is accompanied by—

(i)
a notice which specifies—

(aa)
the target fabric performance values for the dwelling, calculated and expressed by the methodology approved pursuant to regulation 24,

(bb)
the fabric energy performance values for the dwelling as constructed, calculated and expressed by the methodology approved pursuant to regulation 24, and

(cc)
whether the dwelling has been constructed by the list of specifications referred to in paragraph (2), and if not, a list of any changes to those specifications, or

(ii)
a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);

(b)
in any other case, not later than 5 days after the work has been completed give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) or a certificate of the sort mentioned in sub-paragraph (a)(ii).
”
;

(b)
in paragraph (4), for “local authority” substitute
“building control authority”
;

“
(4A)

(14) In regulation 27C (energy efficiency rating calculations)—
(a)
for paragraphs (2) and (3) substitute—

“
(2)

The person carrying out the work must—

(a)
where the dwelling is within a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—

(i)
the energy efficiency rating for the dwelling, as designed, calculated and expressed by the methodology approved under regulation 24, and

(ii)
a list of specifications to which the dwelling is to be constructed;

(b)
in any other case, not later than the day before the work starts, the person carrying out the work must give the building control authority a notice which specifies the matters set out in paragraphs (i) to (iii) of sub-paragraph (a).

(3)

The person carrying out the work must—

(a)
where the dwelling is within a higher-risk building, ensure the completion certificate application in relation to the work is accompanied by—

(i)
a notice which specifies—

(aa)
the target energy efficiency rating for the building, calculated and expressed by the methodology approved under regulation 24,

(bb)
the energy efficiency rating for the building as constructed, calculated and expressed by the methodology approved under regulation 24, and

(cc)
whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2), and, if not, a list of any changes to those specifications, or

(ii)
a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);

(b)
in any other case, not later than 5 days after the work has been completed, give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) of sub-paragraph (a)(i) or a certificate of the sort mentioned in sub-paragraph (a)(ii).
”
;

(b)
in paragraph (4), for “local authority” substitute
“building control authority”
;

“
(5)

(15) In regulation 37 (wholesome water consumption calculation)—
(a)
in paragraph (1), for “local authority” substitute
“building control authority”
;

(b)
for paragraph (2) substitute—

“
(2)

The person carrying out the work must—

(a)
where the dwelling is within a higher-risk building, ensure the notice accompanies the completion certificate application in relation to the work;

(b)
in any other case, give the notice to the building control authority not later than 5 days after the date the work has been completed.
”
;

“
(3)

(16) In regulation 41 (sound insulation testing)—
(a)
in paragraph (2)(b), for “local authority” substitute
“building control authority”
;

(b)
for paragraph (3)(b) substitute—

“
(b)
given—

(i)
in the case where the building work is higher-risk building work, to the building control authority with the completion certificate application in relation to the work;

(ii)
in any other case, to the building control authority not later than the date on which the notice required by regulation 16(4) is given.
”
;

“
(3A)

Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each results of testing received under this regulation in relation to a building to the local authority for the area in which the building is situated.
”
;

(d)
in paragraph (4), for the words before “the person is using one or more design details approved by Robust Details Limited” substitute—

“
(4)

Where building work consists of the erection of a dwelling-house or a building containing flats, this regulation does not apply to any part of the building in relation to which the person carrying out the building work notifies the building control authority—

(i)
in the case of building work which is higher-risk building work, not later than the date on which the application for building control approval for the work is submitted;

(ii)
in any other case, not later than the date on which notice of intention to start work is given under regulation 16(1);

that, for the purposes of achieving compliance of the work with paragraph E1 of Schedule 1,
”
.

(17) In regulation 42 (mechanical ventilation air flow rate testing)—
(a)
in paragraphs (2)(b) and (3)(b), for “local authority”, in each place it occurs, substitute
“building control authority”
;

(b)
after paragraph (3) insert—

“
(4)

Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each notice of the results of testing received under this regulation in relation to a building to the local authority for the area in which the building is situated.
”

(18) In regulation 43 (pressure testing)—
(a)
in paragraphs (2), (3) and (4), for “local authority”, in each place it occurs, substitute
“building control authority”
;

(b)
after paragraph (5) insert—

“
(6)

(19) In regulation 44 (commissioning)—
(a)
in paragraph (3), for “local authority” substitute
“building control authority”
;

(b)
for paragraph (4) substitute—

“
(4)

The notice must be given—

(a)
in the case where the building work is higher-risk building work for which a completion certificate application is required, to the building control authority with the application;

(b)
in any other case, to the building control authority—

(i)
not later than the date on which the notice required by regulation 16(4) is required to be given, or

(ii)
where that regulation does not apply, not more than 30 days after completion of the work.

(5)

(20) In regulation 44ZA (commissioning in respect of a system for on-site electricity generation)—
(a)
in paragraph (2), for “local authority” substitute
“building control authority”
;

(b)
for paragraph (3) substitute—

“
(3)

The notice must be given—

(a)
in the case where the building work is higher-risk building work for which a completion certificate application is required, to the building control authority with the application;

(b)
in any other case, to the building control authority—

(i)
not later than the date on which the notice required by regulation 16(4) is required to be given, or

(ii)
where that regulation does not apply, not more than 30 days after completion of the work.
”
;

“
(4)

(21) In regulation 44ZAA (particulars of connection to public electronic communications network)—
(a)
in paragraph (2), for “local authority” substitute
“building control authority”
;

(b)
after paragraph (2) insert—

“
(3)

Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of the information it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.
”

(22) In Schedule 1 to the 2010 Regulations, in paragraph RA1(3), for “full plans relating to building work to which this paragraph applies are deposited” substitute
“an application for building control approval with full plans relating to building work to which this paragraph applies is given”
.
(23) In the heading of Schedule 3, for “deposit full plans” substitute
“an application for building control approval with full plans”
.
(24) In Schedule 4—
(a)
in the heading for “deposit full plans” substitute
“an application for building control approval with full plans”
;

(b)
in paragraph 1(g)(ii), for “to deposit full plans” substitute
“an application for building control approval with full plans”
;

(c)
in paragraph 1(l), for “to deposit full plans” substitute
“an application for building control approval with full plans”
.

Amendmentsapplications for building control
7.
—(1) For regulation 14 substitute—
Applications for building control approval with full plans: Wales
14.
—
(1)

An application for building control approval with full plans must be made in writing, signed by the person making the application (“
the applicant
”), and must include—

(a)
the name, address, telephone number and (if available) email address of the applicant;

(b)
where the applicant is not the client, the name, address, telephone number and (if available) email address of the client;

(c)
where known at the date of the application, the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and the principal designer (or sole or lead designer);

(d)
a statement—

(i)
that the application is an application for building control approval with full plans given under regulation 12(2)(b);

(ii)
whether the building is a building to which the Regulatory Reform (Fire Safety) Order 2005, applies or will apply after completion of the building work;

(e)
where the work consists of work to an existing building, a description of the existing building including—

(i)
details of the current use of the building, including the current use of each storey;

(ii)
the height of the building;

(iii)
the number of storeys in the building as determined under regulation 5 of the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023;

(f)
a description of the proposed work, including—

(i)
details of the intended use of the building, including the intended use of each storey;

(ii)
the height of the building after the proposed work;

(iii)
the number of storeys in the building after the proposed work as determined under regulation 5 of the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023;

(iv)
the provision to be made for the drainage of the building;

(v)
where paragraph H4 of Schedule 1 imposes a requirement, the precautions to be taken in the building over a drain, sewer or disposal main to comply with the requirements of that paragraph;

(vi)
the steps to be taken to comply with any local enactment that applies;

(vii)
a statement setting out—

(aa)
the date when it is proposed the work will reach the point when it is to be regarded as commenced under regulation 46B (lapse of building control approval: commencement of work: Wales), and

(bb)
where the work does not consist of work to which paragraph (2) or (3) of regulation 46B applies, details of the work where the client considers building control input is required.

(2)

An application for building control approval with full plans must be accompanied by—

(a)
(i)
two copies of the full plans, or

(ii)
where Part B of Schedule 1 (fire safety) imposes a requirement in relation to proposed building work, four copies of the full plans;

(b)
where the application is made by someone on behalf of the client, a statement signed by the client confirming they agree to the application being made and that the information contained in the application is correct.

(3)

Paragraph (2)(a)(ii) does not require the deposit of additional copies of plans where the proposed building work relates to the erection, extension or material alteration of a dwelling-house or flat.

(4)

Plans are only full plans if they consist of—

(a)
a description of the proposed building work, renovation or replacement of a thermal element, change to the building’s energy status or material change of use,

(b)
the plans, particulars and statements required by paragraphs (1), (1A) and (2) of regulation 13,

(c)
where paragraph H4 of Schedule 1 imposes a requirement, particulars of the precautions to be taken in building over a drain, sewer or disposal main to comply with the requirements of that paragraph, and

(d)
any other plans which are necessary to show that the work would comply with these Regulations.
”

(2) After regulation 14C insert—
Determination of applications for building control approval with full plans: Wales
14D.
—
(1)

Where an application for building control approval with full plans is made under regulations 12(2)(b) and 14, the building control authority must grant the application for building control approval unless the application (including the plans or other documents which accompany it)—

(a)
does not comply with the requirements of regulation 14 (applications for building control approval with full plans: Wales);

(b)
is not sufficiently detailed in any respect to allow the building control authority to determine whether the proposed work would contravene any applicable requirement of the building regulations;

(i)
the proposed work would contravene any applicable requirements of these Regulations, or

(ii)
where the statement regarding commencement includes the client’s assessment of when building control input is required, the building control authority is of the opinion that oversight will be required at a different point, be that earlier or later, than the point described in the application.

(2)

If the application for building control approval with full plans (or any plans or other documents which accompany it) is defective or shows that the proposed work would contravene any requirement of these Regulations, the building control authority may—

(a)
reject the application, or

(b)
subject to paragraph (4), grant the application for building control approval subject to either or both of the requirements set out in paragraph (3).

(3)

The requirements mentioned in paragraph (2) are—

(a)
that such modifications as the building control authority may specify must be made in the full plans, and

(b)
that such further plans as the building control authority may specify must be provided before work to which those plans relate starts.

(4)

A building control authority may only grant an application for building control approval with full plans subject to a requirement in paragraph (3) if the person making the application (“
the applicant
”)—

(a)
has requested in writing the authority does so, or

(b)
has consented in writing to the authority doing so.

(5)

The duty in paragraph (1) is subject to any provision in sections 19 to 25 of the Act which expressly requires or authorises the building control authority to reject an application for building control approval.

(6)

The building control authority must notify the applicant of the outcome of the application within 5 weeks beginning with the date the application is received by the building control authority, or within such longer period as at any time the authority and the applicant agree in writing.

(7)

A failure by the building control authority to notify the applicant under paragraph (6) is not to be treated as a grant of the application or a rejection of the application.

(8)

A notice that the application under paragraph (1) is rejected must give the reasons for the rejection.

(9)

A notice that the application is granted subject to a requirement must specify the requirement imposed.

(10)

Where the application for building control approval with full plans is successful the effect is that the building control approval is granted.

Appeal against a building control authority’s rejection of an application for building control approval: Wales
14E.
—
(1)

A person (“
the appellant
”) who has made an application for building control approval with full plans to a building control authority may appeal to the Welsh Ministers against the decision of the building control authority to reject the application provided the appeal is made within 15 working days beginning with the day after the day on which the building control authority notifies the person under regulation 14D(6) (determination of applications for building control approval with full plans: Wales).

(2)

The Welsh Ministers may allow an appeal under paragraph (1) only if they are satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)
that the decision was based on error of fact;

(b)
that the decision was wrong in law;

(d)
that the decision was made without following the procedures set out in the Act or regulations made under the Act.

(3)

If the Welsh Ministers allow an appeal they may quash or vary the decision.

(4)

A person aggrieved with the decision of the Welsh Ministers on an appeal under this regulation may appeal that decision to the magistrates’ court within 15 working days, beginning with the day after the day on which the Welsh Ministers notifies the person of their decision.

(5)

The magistrates’ court may allow an appeal referred to in paragraph (4) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)
that the decision was based on error of fact;

(b)
that the decision was wrong in law;

(d)
that the decision was made without following the procedures set out in the Act or regulations made under the Act.

(6)

If the magistrates’ court allows an appeal it may quash or vary the decision.
”

Amendmentsconsultation on applications for building control
8.
After regulation 15A insert—
Consultation in relation to fire safety: Wales
15B.
—
(1)

This regulation applies where it is proposed—

(a)
to erect, extend or make any material alteration to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after completion of the work, or

(b)
to change the use of a building, or part of a building, to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after the change of use, and

(c)
in connection with that proposal, an application for building control approval with full plans is given to the building control authority.

(2)

Where this regulation applies the building control authority must consult the enforcing authority before determining the application for building control approval with full plans given to the building control authority.

(3)

The duty to consult imposed by paragraph (2) does not apply where the building control authority is the enforcing authority.

(4)

Where a building control authority are required to consult the enforcing authority, they must not grant the application for building control approval until 15 working days have elapsed from the date on which they consulted the enforcing authority, unless the enforcing authority has expressed its views to them before the expiry of those 15 working days.

(5)

In this regulation “
enforcing authority
” has the same meaning as in article 25 of the Regulatory Reform (Fire Safety) Order 2005.
”

Amendmentsstarting on site and commencement of work
9.
—(1) In regulation 16—
(a)
for the heading substitute
“Notices in relation to building work”
;

(b)
in paragraph (1)—

(i)
for “commence that work” substitute
“start that work”
;

(ii)
for “commence work” substitute
“start work”
;

(d)
after paragraph (2) insert—

“
(2A)

Not more than 5 days after the day on which work is to be regarded as commenced the person carrying out the work must give a notice to that effect to the building control authority.

(2B)

The building control authority may take such steps, including—

(a)
requiring information;

(b)
laying open of work for inspection,

as the authority thinks appropriate to check whether the work is to be regarded as commenced.

(2C)

If the building control authority are not satisfied the work is to be regarded as commenced they must give the person carrying out the work a notice to that effect (“rejection notice”) within 4 weeks of the date the notice under paragraph (2A) is given, and the rejection notice must give the reasons for rejection and indicate what work needs to be completed for the work to be accepted as commenced.

(2D)

Where a notice is given under paragraph (2A) and the period referred to in paragraph (2D) expires without a rejection notice being given, then the work is to be regarded as commenced.

(2E)

If the person carrying out the work accepts the rejection notice they may not give a further notice under paragraph (2A) unless, having regard to the reasons given by the building control authority, they are satisfied the work is to be regarded as commenced.

(2F)

A person who gave the notice under paragraph (2A) may appeal to the magistrates’ court against the decision of the building control authority to reject the notice provided the appeal is made within 15 working days beginning with the day after the day on which the building control authority gives the rejection notice.

(2G)

The magistrates’ court may allow an appeal under paragraph (2F) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)
that the decision was based on an error of fact;

(b)
that the decision was wrong in law;

(d)
that the decision was made without following the procedures set out in the Act or regulations made under that Act.

(2H)

For the purposes of paragraphs (2A) to (2G), regulation 46B (lapse of building control approval: commencement of work: Wales) applies to determine whether work is to be regarded as commenced.
”

(2) After regulation 46A insert—
Lapse of building control approval: commencement of work: Wales
46B.
—
(1)

For the purposes of section 32(6) of the Act (lapse of building control approval) work is to be regarded as commenced in accordance with the following paragraphs.

(2)

Where the work consists of the construction of a complex building, work is to be regarded as commenced in relation to that building or the first stage of building work for that building when the foundations supporting the building and the structure of the lowest floor level of that building (but not the other buildings or structures to be supported by those foundations) are completed.

(3)

Where the work consists of—

(a)
the construction of a building and paragraph (2) does not apply, or

(b)
horizontal extension of a building,

work is to be regarded as commenced when the sub-surface structure of the building or the extension including all foundations, any basement level (if any) and the structure of ground floor level is completed.

(4)

Where the work consists of any other building work, and that work will be incorporated into the completed building, then the work is to be regarded as commenced when—

(a)
it reaches the point at which the project requires building control input, and

(b)
without such building control input, at that point, there would be grounds for enforcement.

(5)

In this regulation—

“
complex building
” means—

(a)
a building which is to be constructed on the same foundation plinth or podium as any other building or structure;

(b)
a building which has more than one storey below ground level;

(c)
a building where it is proposed use is primarily as a public building where the public or a section of the public has access to the building (whether or not on payment) provided that the building has a capacity for 100 or more visitors;

“
public building
” means—

(a)
a shop or shopping centre;

(b)
premises where food or drink are sold for consumption on the premises, including a nightclub, social club or dance hall;

(d)
a sports ground;

(e)
an exhibition hall or conference centre;

(f)
a hospital or premises for the provision of health care.
”

Amendmentsfire safety information
10.
—(1) In regulation 17 (completion certificates), in paragraph (1), for “it, a building complies with the relevant provisions” substitute
“a building, the relevant provisions have been complied with in relation to the building”
.
(2) In regulation 17A (certificate for building occupied before work is completed), in paragraph (1)(c), for “those parts of the building which are to be occupied before completion of the work currently comply with regulation 38 and Part B of Schedule 1” substitute
“regulation 38 and Part B of Schedule 1 are currently complied with in relation to those parts of the building which are to be occupied before completion of the work”
.
(3) In regulation 38 (fire safety information), for paragraph (2) substitute—
“
(2)

The person carrying out the work must give fire safety information to the responsible person no later than—

(a)
where the building, proposed building or extension to which the building work relates is not occupied during the building work, the date of completion of the work or the date of occupation of the building or the extension, whichever is the earlier, or

(b)
in any other case, the date of completion of the work.

(2A)

The responsible person must give the person carrying out the work a notice acknowledging receipt of the fire safety information and confirming the information provided is sufficient to enable them to understand, operate and maintain the building (and the fire safety systems in it) after the building work in question.

(2B)

The person carrying out the work must give a notice to the building control authority—

(a)
confirming that they have given the fire safety information to the responsible person under paragraph (2), and

(b)
stating that they have received the notice from the responsible person under paragraph (2A) or where they have not received the notice, stating the steps taken to obtain the notice from the responsible person and the dates they were taken.

(2C)

The notification under paragraph (2B) must be given no later than—

(a)
where regulation 20 (provisions applicable to self-certification schemes) applies to the work, 30 working days after the date referred to in paragraph (2);

(b)
in any other case, 5 working days after the date referred to in paragraph (2).
”

Amendmentsother appeals
11.
After regulation 18E (appeals under section 101A of the Act) insert—
Appeal in relation to section 42 of the Act: Wales
18F.

An appeal to the High Court under section 42 of the Act against the decision of the Welsh Ministers who determined an appeal of a building control authority refusing to relax building regulations, must be made within 15 working days beginning with the date the Welsh Ministers gave notice of their decision.

Appeal to the magistrates’ court in relation to certain decisionsWales
18G.
—
(1)

An appeal to the magistrates’ court under section 19(4), 21(4) or 22(4) of the Act must be made within 15 working days beginning with the day after the day on which the building control authority notifies the person of its decision.

(2)

The magistrates’ court may allow an appeal referred to in paragraph (1) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)
that the decision was based on an error of fact;

(b)
that the decision was wrong in law;

(d)
that the decision was made without following the procedures set out in the Act or regulations made under that Act.

(3)

If the magistrates’ court allows an appeal referred to in paragraph (1) it may quash or vary the decision.

Application to the magistrates’ court in relation to certain decisionsWales
18H.
—
(1)

At least 5 working days before making an appeal to the magistrates’ court under section 21(3) or (6), 24(2), 25(2) or (5), 33(6) or 36(3) of the Act the person proposing to make an appeal (“
the appellant
”) must notify the building control authority of their intention to make the appeal.

(2)

An application to the magistrates’ court under section 21(3) or (6), 24(2), 25(2) or (5), 33(6) or 36(3) of the Act must be made within 15 working days beginning with the day on which the applicant notifies the building control authority under paragraph (1).

(3)

If the magistrates’ court allows an appeal it may quash or vary the decision.

Appeals under section 101A of the ActWales
18I.
—
(1)

A person aggrieved with the refusal of a building control authority to consider an application for building control approval, an initial notice or an amendment notice on the grounds that all or part of the work to which the application or notice relates is higher-risk building work may appeal to the Welsh Ministers under section 101A of the Act provided the appeal is made within 20 working days beginning with the day after the day on which the building control authority refuses to consider the application.

(2)

An appeal to the Welsh Ministers under section 101A of the Act must be made in writing, signed by the person who made the original application or one of the persons who gave the original initial notice or amendment notice (in this regulation “the appellant”) and must include the following information—

(a)
the name, address, telephone number and (if available) email address of the appellant;

(b)
a statement explaining why the appellant considers the work proposed in the original application or notice does not include higher-risk building work;

(c)
where the appellant is a registered building control approver, a statement confirming the client agrees to the appeal being made.

(3)

In addition to the information provided for in paragraph (2) the appeal must be accompanied by—

(a)
a copy of the original application or notice given to the building control authority (including all documentation that accompanied the application or notice);

(b)
all the information provided to the building control authority in relation to the application or notice;

(d)
a copy of the notice sent to the building control authority under paragraph (4).

(4)

At least 2 working days before submitting an appeal under section 101A(2) of the Act the appellant must give notice to the building control authority of their intention to do so.

(5)

Where the appellant submits an appeal under section 101A of the Act through electronic facilities provided by the Welsh Ministers for that purpose, they are taken to have consented to the use of electronic communications for all purposes relating to the appeal that are capable of being carried out electronically.

(6)

The deemed consent in paragraph (5) may be revoked by the appellant giving the Welsh Ministers 10 working days’ notice in writing specifying that the notice is given under this regulation.

(7)

An appeal under section 101A of the Act is to be determined by consideration of written representations.

(8)

The Welsh Ministers must give the building control authority which refused to consider the original application or notice the opportunity to make written representations in relation to a section 101A application.

(9)

The Welsh Ministers may give any other person an opportunity to make written representations in relation to the appeal.

(10)

The Welsh Ministers may, by notice in writing, require the building control authority in question to provide specified information, or provide copies of specified documents, by the date specified in the notice (that date must be no fewer than 5 working days after the date the notice is given).

(11)

Before determining a section 101A application the Welsh Ministers may as they consider appropriate—

(a)
hold any meeting with the appellant, the building control authority or any other person;

(b)
undertake any site visit.

(12)

The Welsh Ministers must determine the appeal within 40 workings days of the date on which the appeal is received and the decision in relation to the appeal must be given in writing to the appellant (and where the appellant is not the client, a copy of the decision must be given to them).

(13)

A copy of the decision made by the Welsh Ministers must be sent to the building control authority.

(14)

For the purposes of section 101A(6) of the Act, an appeal to the High Court under section 101A(6) of the Act may be made within 20 working days beginning with the day after the day on which the Welsh Ministers gave their decision to the appellant under paragraph (12).

(15)

The Welsh Ministers may appoint a person to determine a section 101A application instead of the Welsh Ministers.

(16)

At any time before a person appointed under this regulation has determined the appeal the Welsh Ministers may—

(a)
revoke that person’s appointment;

(b)
appoint another person to determine the appeal instead.

(17)

A person appointed under paragraph (15) has the same powers and duties in relation to determination of a section 101A application as the Welsh Ministers and, in particular, where the appeal is determined by a person appointed under this regulation their decision is to be treated as the decision of the Welsh Ministers.
”

Amendments relating to commencement of section 33 of the Building Act 1984
12.
—(1) In regulation 19 (supervision of building work otherwise than by local authorities)—
(a)
in paragraph (1), omit “, 45 (testing of building work) and 46 (sampling material)”;

(b)
omit paragraph (2);

(2) Omit regulations 45 and 46 of the 2010 Regulations.
Amendments to regulation 20 of the 2010 Regulations
13.
In regulation 20 (provisions applicable to self-certification schemes), after paragraph (1) insert—
“
(1A)

Where this regulation applies and the building work in question relates to a higher-risk building, the client must make the person carrying out the work aware that the building is a higher-risk building.
”

Amendmentsenforcement provisions
14.
—(1) In regulation 47 (contravention of certain regulations not to be an offence), for sub-paragraph (a) substitute—
“
(a)
regulations—

(i)
14D (determination of applications for building control approval with full plans: Wales);

(ii)
15B (consultation in relation fire safety: Wales);

(iii)
16(2B) and (2C) (notices in relation to building work);

(iv)
17 (completion certificates);

(v)
17A (certificate for building occupied before work is completed);

(vi)
18(6A) (unauthorised building work);

(vii)
18I(8) and (12) (appeals under section 101A of the Act: Wales);

(viii)
20(6A) (provisions applicable to self-certification schemes);

(ix)
25A(3A) (consideration of high-efficiency alternative systems for new buildings);

(x)
27(4A) (CO
2
emission rate calculations);

(xi)
27A(4A) (fabric energy efficiency rate calculations);

(xii)
27B(4A) (fabric performance values calculations);

(xiii)
27C(5) (energy efficiency rating calculations);

(xiv)
37(3) (wholesome water consumption calculation);

(xv)
41(3A) (sound insulation testing);

(xvi)
42(4) (mechanical ventilation air flow rate testing);

(xvii)
43(6) (pressure testing);

(xviii)
44(5) (commissioning);

(xix)
44ZA(4) (commissioning in respect of a system for on-site electricity generation);

(xx)
44ZAA(3) (particulars of connection to public electronic communications network);

(xxi)
47J (compliance notices: contents: Wales);

(xxii)
47K (stop notices: contents: Wales);

(xxiii)
47L(3) (compliance notices and stop notices: giving of notices and notification to others: Wales);

(xxiv)
47M(2) (compliance and stop notices: withdrawal: Wales), and
”
.

(2) After regulation 47H (application to the first-tier tribunal for a direction in relation to a stop notice) insert—
Compliance notices: excluded provisions: Wales
47I.

The following provisions of these Regulations are prescribed as provisions in relation to which a compliance notice
(
13
)
may not be given under section 35B(7)(a) of the Act—

(a)
regulation 14D (determination of applications for building control approval with full plans: Wales);

(b)
regulation 15B (consultation in relation fire safety: Wales);

(d)
regulation 17 (completion certificates);

(e)
regulation 17A (certificate for building occupied before work is completed);

(f)
regulation 18(6A) (unauthorised building work);

(g)
regulation 18I(8) and (12) (appeals under section 101A of the Act: Wales);

(h)
regulation 20(6A) (provisions applicable to self-certification schemes);

(i)
regulation 25A(3A) (consideration of high-efficiency alternative systems for new buildings);

(j)
regulation 27(4A) (CO2 emission rate calculations);

(k)
regulation 27A(4A) (primary energy rate calculations);

(l)
27B(4A) (fabric performance values calculations);

(m)
regulation 27C(5) (energy efficiency rating calculations);

(n)
regulation 37(3) (wholesome water consumption calculation);

(o)
regulation 41(3A) (sound insulation testing);

(p)
regulation 42(4) (mechanical ventilation air flow rate testing);

(q)
regulation 43(6) (pressure testing);

(r)
regulation 44(5) (commissioning);

(s)
regulation 44ZA(4) (commissioning in respect of a system for on-site electricity generation);

(t)
44ZAA(3) (particulars of connection to public electronic communications network);

(u)
regulation 47J (compliance notices: contents: Wales);

(v)
regulation 47K (stop notices: contents: Wales);

(w)
regulation 47L(3) (compliance notices and stop notices: giving of notices and notification of others: Wales);

(x)
regulation 47M(2) (compliance and stop notices: withdrawal: Wales).

Compliance noticescontents: Wales
47J.
—
(1)

A compliance notice given by a building control authority must be in writing and state—

(a)
that it is a compliance notice under section 35B of the Act,

(b)
the date the notice is given,

(d)
the consequences of failing to comply with the notice.

(2)

A compliance notice must additionally—

(a)
describe the issue to which the notice relates,

(b)
identify the provision of building regulations, or the requirement imposed by virtue of building regulations, to which the compliance notice relates,

(d)
state that the notice may be withdrawn by the building control authority,

(e)
state that the recipient may apply to the magistrates’ court under section 39A(3) of the Act for an extension of the specified period for doing anything set out in the notice and state that any application must be made within 15 working days of the date the notice is given, and

(f)
state that the recipient may appeal to the magistrates’ court under section 39A(1) of the Act and state that any appeal must be made within 15 working days of the date the notice is given.

(3)

A compliance notice must relate to no more than one contravention or likely contravention of building regulations or a requirement imposed by virtue of building regulations.

Stop noticescontents: Wales
47K.
—
(1)

A stop notice given by a building control authority must be in writing and state—

(a)
that it is a stop notice under section 35C(1)(a), 35C(1)(b) or, as the case may be, 35C(1)(c) of the Act,

(b)
the date the notice is given and whether the notice applies immediately, or where it does not apply immediately, the date when it applies,

(d)
the consequences of failing to comply with the notice.

(2)

A stop notice must additionally—

(a)
describe the issue to which the notice relates,

(b)
specify—

(i)
in a case within section 35C(1)(a) of the Act, the provision of building regulations or requirement imposed by virtue of building regulations to which the stop notice relates;

(ii)
in a case within section 35C(1)(b) of the Act, the compliance notice to which the stop notice relates;

(iii)
in a case within section 35C(1)(c) of the Act, the provision of building regulations or requirement imposed by virtue of building regulations to which the stop notice relates,

(c)
provide details of the nature of the contravention (including, in a case within section 35C(1)(c) of the Act, the nature of the serious harm that is anticipated),

(d)
state that the recipient may appeal to the magistrates’ court under section 39A(5) of the Act and state that any appeal must be made within 15 working days of the date the notice is given, and

(e)
state that the recipient may apply to the magistrates’ court under section 39A(6) of the Act for a direction.

(3)

A stop notice must relate to—

(a)
in a case within section 35C(1)(a) of the Act, no more than one contravention of a prescribed provision of building regulations or requirement imposed by virtue of such a provision;

(b)
in a case within section 35C(1)(b) of the Act, no more than one compliance notice;

(c)
in a case within section 35C(1)(c) of the Act, no more than one contravention of a provision of building regulations or a requirement imposed by virtue of such a provision.

Compliance notices and stop noticesgiving of notices and notification to others: Wales
47L.
—
(1)

Paragraph (2) applies where a compliance notice under section 35B of the Act or a stop notice under section 35C(1) of the Act is to be given in relation to work on a site or premises and another form of service under section 94(1) of the Act is not appropriate.

(2)

Where, after reasonable inquiries, the building control authority is satisfied that there is no one to whom a compliance notice or stop notice can be delivered, the notice, or a copy of it, may be affixed to a conspicuous part of the site or premises where the work to which the notice relates is carried out.

(3)

Where a building control authority gives a compliance notice or stop notice, the authority must take reasonable steps to notify the following persons as to the giving of the notice—

(a)
the client, the principal contractor (or sole contractor) and the principal designer (or sole or lead designer) for the work to which the notice relates,

(b)
where the notice relates to a contravention of Part B of Schedule 1 in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after completion of the work, the enforcing authority (within the meaning of article 25 of that Order) for the building or the proposed building,

(c)
where the client is a landlord in relation to any dwelling contained in the building, the local housing authority for the area in which the building is located, and

(d)
where the notice relates to work to an existing higher-risk building, the responsible person who is responsible for the part of the building where the work is carried out.

Compliance and stop noticeswithdrawal: Wales
47M.
—
(1)

A building control authority may withdraw a compliance notice or stop notice.

(2)

Where the building control authority withdraws a compliance notice or stop notice it must as soon as reasonably practicable give the recipient a notice in writing to that effect.

Appeal to magistrates’ court in relation to a compliance notice or stop noticeWales
47N.
—
(1)

An appeal to the magistrates’ court under section 39A(1) or (5) of the Act must be made by the relevant date.

(2)

The magistrates’ court may allow an appeal referred to in paragraph (1) only if it is satisfied that the giving of the compliance notice or stop notice in question was wrong on one or more of the following grounds—

(a)
that the notice was given based on an error of fact;

(b)
that the giving of the notice was wrong in law;

(d)
that the notice was given without following the procedures set out in the Act or regulations made under that Act (except regulation 47L(3)).

(3)

If the magistrates’ court allows an appeal referred to in paragraph (1) it may quash or vary the compliance notice or stop notice.

(4)

In this regulation the “relevant date” is—

(a)
in the case of an appeal under section 39A(1), within 15 working days beginning with the date the compliance notice is given, and

(b)
in the case of an appeal under section 39A(5), within 15 working days beginning with the date the stop notice is given.

Application to the magistrates’ court in relation to extension of the specified period in a compliance notice: Wales
47O.
—
(1)

An application to the magistrates’ court under section 39A(3) of the Act in relation to a compliance notice must be made within 15 working days beginning with the date the compliance notice is given.

(2)

In deciding the question set out in an application under section 39A(3) of the Act the magistrates’ court must consider whether the recipient of the notice has demonstrated they are unable to comply within the specified period and it is reasonable to extend it.

Application to the magistrates’ court for a direction in relation to a stop notice: Wales
47P.
—
(1)

In deciding the question set out in an application to the magistrates’ court under section 39A(3) of the Act in relation to a stop notice, the magistrates’ court must consider whether it is fair and proportionate, having regard to any representations made, to give the direction.
”

Other miscellaneous amendments to the 2010 Regulations
15.
—(1) In regulation 5 (meaning of material change of use) omit “the purposes of paragraph 8(1)(e) of Schedule 1 to the Act and for”.
(2) In regulation 44ZAA (particulars of connection to public electronic communications network), at the end of paragraph 2(c)(ii), for “the notice is given” substitute
“either a building notice, initial notice or public body’s notice is given.”

(3) In regulation 44C (interpretation of Part 9A and of Part R of Schedule 1), in the definition of “public electronic communications network” for “has the meaning” substitute
“and “public electronic communications service” have the meanings”
.
(4) Omit regulation 48 (electronic service of documents).
PART 3
Amendment of other secondary legislation
Amendments to the Building (Local Authority Charges) Regulations 2010
16.
—(1) The Building (Local Authority Charges) Regulations 2010(
14
) are amended as follows.
(2) In regulation 2—
(a)
after the definition of “chargeable function” insert—

“
”local authority” means a county council or county borough council for an area in Wales, or where applicable, by virtue of regulations made under section 91ZD of the 1984 Act, means a designated local authority.
”

(b)
in the definition of “relevant person”, in paragraph (a), for “or building notice charge” substitute
“, building notice charge, controlled change charge, completion certificate charge or partial completion certificate charge”
.

(3) In regulation 5(1) (principles of charging scheme: chargeable functions and advice)—
(a)
in sub-paragraph (a), after “in relation to Wales,” insert—

“
(i)
the passing or rejection of plans which have been deposited with the local authority, under section 16 of the Act, before 1 July 2026, or

(ii)
the granting or rejection of an application for building control approval in relation to proposed building work in Wales made to the local authority under the Principal Regulations, (a “plan charge”);
”

(b)
in sub-paragraph (b), after “in relation to Wales,” insert—

“
the inspection of building work for which—

(i)
plans have been deposited with the local authority, under section 16 of the Act, before 1 July 2026, or

(ii)
an application for building control approval has been granted under the Principal Regulations, (an “inspection charge”);
”
.

“
(f)
in relation to Wales, the actions taken under the following regulations of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025—

(i)
regulations 20 to 25 (a “controlled change charge”);

(ii)
regulations 39 to 43 (a “completion certificate charge”);

(iii)
regulation 44 (a “partial completion certificate charge”).
”

(4) In regulation 7(5) (principles of charging scheme: calculating charges), after sub-paragraph (j) insert—
“
(ja)
whether an application or building notice in relation to building work is in respect of building work which is substantially the same as building work in respect of which an application for building control approval has been granted or building works have been inspected by the same local authority;
”
.

(5) In regulation 8 (principles of charging scheme as to payment)—
(a)
in paragraph (1)—

(i)
in sub-paragraph (a), after “deposited with” insert
“, or an application for building control approval for the building work is made to,”
;

(ii)
in sub-paragraph (d)—

(aa)
for “first deposited with” substitute
“first given to”
;

(bb)
for “have been deposited with” substitute
“have been given to”
;

(cc)
for “are or have been deposited” substitute
“are or have been given”
;

(b)
in paragraph (2)—

(i)
after “are deposited” insert
“or an application for building control approval which is made”
, and

(ii)
after “of the Act” insert
“or is not validly made for the purposes of the Principal Regulations”
;

(c)
in paragraph (3), after “plans of building work are deposited” insert
“, an application for building control approval is made”
.

(6) In regulation 11 (refunds and supplementary charges)—
(a)
in paragraph (1), after “the Act” insert
“or do not give notice of the granting or rejection of an application for building control approval within the period required under the Principal Regulations”
;

(b)
in paragraph (2)—

(i)
after “the plans were deposited” insert
“or an application for building control approval was made”
;

(ii)
after “in order to comply with section 16 of the Act” insert
“or the Principal Regulations”
.

(c)
in paragraph (6), after “plans which are deposited with a local authority under section 16 of the Act” insert
“or an application for building control approval which is made to a local authority under the Principal Regulations”
.

(7) In regulation 14—
(a)
for the heading “Fees for determinations of questions by the Secretary of State” substitute
“Fees for determinations of questions by the Welsh Ministers”
;

(b)
in paragraph (1), for “a reference under section 16(10) of the Act (determinations of questions by the Secretary of State)” substitute
“an appeal under regulation 14E of the Building Regulations 2010”
.

Amendments to the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024
17.
—(1) The Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024(
15
) are amended as follows.
(2) In regulation 4(2)(a), after paragraph (iii), insert
“(iiia) Part 2B – Wales (dutyholders and competence)”
.
(3) In regulation 5 (modification of the 2010 Regulations etc.)—
(a)
in paragraph (2), after “37 (wholesome water consumption calculation,” insert
“38 (fire safety information),”
;

(b)
after paragraph (9)(b) insert—

“
(c)
in paragraph (4), for “regulation 16(1)” there were substituted
“regulation 13A(1) (notice before starting work) of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024,”
”
.

(4) After regulation 6 insert—
“
6A.
—
(1)

Paragraph (2) applies where a document which purports to be an initial notice, amendment notice, plans certificate or final certificate (“the original document”) is given to a local authority and the local authority is satisfied that all or part of the work to which the original document relates is higher-risk building work
(
16
)
.

(2)

Where this paragraph applies the local authority must, as soon as is reasonably practicable, give a notice to the approver and the person intending to carry out the work (and where that person is not the client, the client) and the form to be used for the notice is form 6(W) in Schedule 1.

(3)

Where a document which purports to be an initial notice, amendment notice, plans certificate or final certificate (“the original document”) is given to a local authority and the local authority is satisfied that all or part of the work to which the original document relates is outside the scope of the approver’s registration then the authority must, as soon as is reasonably practicable, give a notice to the approver and the person intending to carry out the work (and where that person is not the client, the client) and the form to be used for the notice is form 6(W) in Schedule 1.

(4)

Where a document which purports to be an initial notice (“the original notice”) is given to a local authority and the local authority is satisfied that the original notice is given in breach of section 53D(5) of the 1984 Act then the authority must, as soon as is reasonably practicable, give a notice to the approver and the person intending to carry out the work (and where that person is not the client, the client) and the form to be used for the notice is form 6(W) in Schedule 1.
”

(5) In regulation 8(5) (consultation with the fire and rescue authority), for “plans were deposited” substitute
“an application for building control approval with full plans were submitted or granted”
.
(6) After regulation 13 (form of notice under section 51C of the 1984 Act) insert—
Notice before starting work and further notice when work is “commenced” etc.
13A.
—
(1)

At least two working days before the day on which building work starts, the person carrying out the work must give a notice to the approver shown on the initial notice relating to the building work setting out their intention to start the work and the date that work is to start.

(2)

Not more than 5 working days after the day on which the work is to be regarded as commenced the person carrying out the work must give a notice to that effect to the approver.

(3)

If the approver is not satisfied the work is to be regarded as commenced they must give the person carrying out the work a notice to that effect (“rejection notice”) within 20 working days of the date the notice under paragraph (2) is given, and the rejection notice must give the reasons for rejection and indicate what work needs to be completed for the work to be accepted as commenced.

(4)

Where a notice is given under paragraph (2) and the period referred to in paragraph (3) expires without a rejection notice being given, then the work is to be regarded as commenced.

(5)

If the person carrying out the work accepts the rejection notice they may not give a further notice under paragraph (2) unless, having regard to the reasons given by the approver, they are satisfied the work is to be regarded as commenced.

(6)

A person who gave the notice under paragraph (2) may appeal to the magistrates’ court against the decision of the approver to reject the notice provided the appeal is made within 15 working days beginning with the day after the day on which the local authority gives the rejection notice.

(7)

The magistrates’ court may allow an appeal under paragraph (6) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)
that the decision was based on an error of fact;

(b)
that the decision was wrong in law;

(d)
that the decision was made without following the procedures set out in the Act or regulations made under the Act.

(8)

The approver may take such steps, including—

(a)
requiring information;

(b)
laying open of work for inspection, as it thinks appropriate to check whether the work is to be regarded as commenced.

(9)

For the purposes of paragraphs (2) to (8), regulation 13B (lapse of initial notice: commencement of work) applies to determine whether work is to be regarded as commenced.

Lapse of initial noticecommencement of work
13B.
—
(1)

For the purposes of section 53A(6) of the Act (lapse of initial notice) work is to be regarded as commenced in accordance with paragraphs (2) to (4).

(2)

(3)

Where the work consists of—

(a)
the construction of a building and paragraph (2) does not apply, or

(b)
the horizontal extension of a building,

work is to be regarded as commenced when the sub-surface structure of the building or the extension including all foundations, basement levels (if any) and the structure of ground floor level is completed.

(4)

Where the work consists of any other building work, and that work will be incorporated into the completed building, then the work is to be regarded as commenced when—

(a)
it reaches the point at which the project requires building control input, and

(b)
without such building control input, at that point, there would be grounds for enforcement.

(5)

In this regulation—

“
complex building
” (
“adeilad cymhleth”
) means—

(a)
a building which is to be constructed on the same foundation plinth or podium as any other building or structure;

(b)
a building which has more than one storey below ground level;

(c)
a building where its proposed use is primarily as a public building where the public or a section of the public has access to the building (whether or not on payment) provided that the building has a capacity for 100 or more visitors;

“
public building
” (
“adeilad cyhoeddus”
) means—

(a)
a shop or shopping centre;

(b)
premises where food or drink are sold for consumption on the premises, including a nightclub, social club or dance hall;

(d)
a sports ground;

(e)
an exhibition hall or conference centre;

(f)
a hospital or premises for the provision of healthcare.

Notifying a Registered Building Control Approver of a change in dutyholders
13C.
—
(1)

This paragraph applies where, in relation to any building work, the client appoints a principal contractor (or sole contractor) or a principal designer (or sole or lead designer).

(2)

Where paragraph (1) applies the client must give a notice to the approver shown on the initial notice relating to the building work which includes—

(a)
the name, address, telephone number and (if available) email address of the person appointed (PA) and the date of appointment;

(b)
except where PA is the first person appointed to the role, the name, address, telephone number and (if available) email address of the person who held the role before PA (“outgoing dutyholder”) and the date their appointment ended;

(c)
where the notice is given by someone on behalf of the client, a statement signed by the client confirming they agree to the notice being made and that the information contained in the notice is correct.

(3)

Where the client is a domestic client (DC) except where under regulation 11T(1) of the 2010 Regulations a domestic client has assigned to themselves the duties in regulations 11R(1) to (3) and 11V(2) to (5) of the 2010 Regulations, the following applies instead of paragraph (2)—

(a)
an outgoing dutyholder must provide the information referred to in paragraph (2)(b) to the DC within 5 working days of the day on which their appointment ends;

(b)
DC must provide the information referred to under sub-paragraph (a) to PA on the date of appointment of PA or as soon as practicable after that date;

(i)
the location of the building work;

(ii)
the name, address, telephone number and (if available) email address of PA and date of appointment;

(iii)
except where PA is the first person appointed to the role, the name, address, telephone number and (if available) email address of the outgoing dutyholder and the date on which their appointment ended;

(iv)
a statement explaining the notice is given on behalf of a domestic client.

(4)

Where the outgoing dutyholder has not received the information required under paragraph (3)(b) by the time the notice under paragraph (3)(c) is to be given and DC does not have the information, the statement given by PA under paragraph (3)(c)(iii) must also include an explanation to that effect.

(5)

A notice required under paragraph (2) or (3)(c) must be given to the approver within 10 working day beginning with the date of the appointment.

Compliance declaration to be given to Registered Building Control Approvers
13D.
—
(1)

Where building work described in an initial notice is completed the client must give the approver a notice which includes—

(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 the principal designer (or sole or lead designer);

(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;

(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 a principal contractor under Part 2B (dutyholders and competence) of the 2010 Regulations;

(bb)
in the case of a principal designer (or sole or lead designer), that they fulfilled their duties as a principal designer under Part 2B (dutyholders and competence) of the 2010 Regulations.

(2)

If for any reason the client is unable to include a statement under paragraph (1)(e) for a person mentioned in that sub-paragraph, the client must include in the notice a statement giving the reasons why that person’s statement has not been included.
”

(7) In regulation 16 (cancellation of initial notice: notice of contravention of building regulations)—
(a)
in paragraph (1), for “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—” substitute
“Except where paragraph (3) applies, 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 (including for contravention of any provision in Part 2B of the 2010 Regulations except regulation 11U(3)(a), (8) and (9)) the approver must first give notice in writing to the person carrying out the work (C) or, in the case of contravention of any provision in Part 2B of the 2010 Regulations, the client specifying—”

(b)
for paragraph (2) substitute—

“
(2)

Except in a case where the contravention is of any provision in Part 2B of the 2010 Regulations, a notice given under 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.
”

“
(2A)

Where the contravention to which the notice under paragraph (1) relates is of a provision in Part 2B of the 2010 Regulations then the notice given under paragraph (1) must inform the client that the approver will cancel the initial notice if, by the end of the period specified in paragraph (3), the client has not effected such alterations to the arrangements for carrying out the work and such improvements to the competence of persons carrying out the work (or as the case may be, the client), the principal contractor or principal designer as may be necessary to ensure the carrying out of the work complies with provisions of the building regulations referred to in the notice.
”

(8) In regulation 17(4) (local authority powers in relation to partly completed work) for “plans deposited in accordance with building regulations” substitute
“an application for building control approval with full plans”
.
(9) After regulation 35 (interim suspension for suspected serious contravention) insert—
“
(35A)

For the purposes of section 58Z5(7) of the 1984 Act, the following cases are prescribed—

(a)
any serious contravention notice given to a registered building control approver;

(b)
where such a notice is revoked.
”

(10) In regulation 37 (contravention of certain regulations not to be an offence)—
(a)
in the heading after “Contravention of certain regulations not to be an offence” insert
“or be subject to a compliance notice”
;

(b)
after “regulation 17 (local authority powers in relation to partly completed work)” insert
“, regulation 13C (Notifying a Registered Building Control Approver of a change in dutyholders) and regulation 13D (Compliance declaration to be given to Registered Building Control Approvers)”
;

(c)
for “section 35 of the Act (penalty for contravening building regulations) does not apply” substitute
“sections 35 (penalty for contravening building regulations) and 35B (compliance notices) do not apply”
.

(11) In regulation 42(1) (revocations, transitional and savings provisions) substitute
“Parts 2 – 5”
for “Parts 1 – 6”.
(12) In Schedule 1—
(a)
substitute forms 1(W), 2(W), 3(W), 4(W), 5(W), 13(W), 14(W) and 15(W) for the corresponding forms in the Schedule to these Regulations;

(b)
insert form 6(W) in the Schedule to these Regulations after form 5(W).

(13) In Schedule 2 (grounds for rejecting an initial notice, an amendment notice, or a plans certificate combined with an initial notice)—
(a)
after paragraph 6(c) insert—

“
(d)
a statement setting out the date when work will reach the point when it is to be regarded as commenced and, if applicable, the client’s assessment of when building control oversight is required for the proposed work.
”
;

(b)
in paragraph 11, for “plans” substitute
“an application for building control approval”
;

Commencement of work
13.

Where a statement has been included detailing when the client considers building control input is required, the local authority can reject it if it disagrees with the initial notice, amendment notice, or a plans certificate combined with an initial notice.
”

(14) In paragraph 9 of Schedule 3 in the Welsh language text for, “yr apelydd” substitute “y cymeradwywr”.
Amendments to the Building (Restricted Activities and Functions) (Wales) Regulations 2024
18.
—(1) The Building (Restricted Activities and Functions) (Wales) Regulations 2024(
17
) are amended as follows.
(2) In regulation 3(2) (building control authorities: restricted activities and functions)—
(a)
in sub-paragraph (b), for “passing or rejecting plans under section 16 of the 1984 Act (passing or rejection of plans) including exercising, in relation to such plans” substitute
“determining an application for building control approval under regulation 14D (determination of applications for building control approval with full plans: Wales) of the 2010 Regulations and regulation 7 (building control approval applications for HRB work or stage of HRB work: decisions) and regulation 15 (building control approval applications for work to existing HRB: decisions) of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025, including exercising, in relation to such an application, a power in—”

(b)
after paragraph (o) insert—

“
(p)
giving approval, that staged higher-risk building work, may proceed beyond a point specified in a requirement imposed in the approval of that work;

(q)
determining a change control application for higher-risk building work;

(r)
determining is a controlled change to a higher-risk building work is a notifiable or major change;

(s)
giving a compliance notice under section 35B of the 1984 Act (compliance notices);

(t)
giving a stop notice under section 35C of the 1984 Act (stop notices);

(u)
determining a completion certificate under regulation 40 of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 (completion certificate applications: time limit);

(v)
determining a partial completion certificate under regulation 44 of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 (partial completion certificates);

(w)
an application of regularisation of unauthorised building work under regulation 46 of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 (regularisation of unauthorised building work).
”

PART 4
Transitional, supplementary and saving provisions
Transitional and saving provisions for the Building Regulations 2010
19.
The amendments made to the 2010 Regulations by these Regulations do not apply to—
(a)
building work which started before 1 July 2026;

(b)
building work in relation to which—

(i)
plans were deposited with a local authority under section 16 of the Act before 1 July 2026, or

(ii)
a building notice has been given to a local authority before 1 July 2026,

but this paragraph does not apply to building work if on, or after, the 1 July 2026 the plans which were deposited are rejected by the local authority.

Transitional and saving provisions for the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024
20.
Any form submitted before 1 July 2026 that complies with the requirements at the time of application will be processed.
Transitional provisions in relation to plans deposited before 1 July 2026
21.
—(1) Paragraph (2) applies where any plans were deposited with a local authority in accordance with section 16 of the Building Act 1984 before 1 July 2026.
(2) The Building Act 1984 and the provisions in paragraph (3) continue to apply in relation to such plans as they had effect immediately before 1 July 2026 until any of the following occurs—
(a)
the plans are rejected under any provision of the Building Act 1984 or regulations made under it (as those provisions had effect immediately before 1 July 2026);

(b)
the building work to which the plans relate has been assessed;

(3) The provisions are—
(a)
regulation 12 (giving of a building notice or an application for building control approval) of the 2010 Regulations;

(b)
regulation 14 (applications for building control approval with full plans: Wales) of the 2010 Regulations;

(c)
regulation 3(2)(b) (Building Control authorities: restricted activities and functions) of the Building (Restricted Activities and Functions) (Wales) Regulations 2024;

(d)
regulation 8(5) (consultation with the fire and rescue authority) of the Building (Registered Building Control Approver etc.) (Wales) Regulations 2024;

(e)
regulation 17(4) (local authority powers in relation to partly completed work) of the Building (Registered Building Control Approver etc.) (Wales) Regulations 2024.

Transitional and saving provisions in relation to lapse of building control etc.
22.
—(1) Notwithstanding the commencement of section 36 of the Building Safety Act 2022 (lapse of building control approval etc)—
(a)
section 32 of the Building Act 1984 continues to apply, as that provision had effect immediately before 1 July 2026, in relation to any plans deposited with a local authority pursuant to section 16 of the Building Act 1984 before that date;

(b)
section 50(8) of the Building Act 1984 continues to apply, as that provision had effect immediately before 1 July 2026, in relation to any plans certificate given to a local authority and accepted or treated as accepted under section 50 of the Building Act 1984 before that date;

(c)
section 52(5) of the Building Act 1984 continues to apply, as that provision had effect immediately before 1 July 2026, in relation to any initial notice given to a local authority and accepted or treated as accepted under section 47 of the Building Act 1984 before that date.

(2) In this regulation “
plans certificate
” has the meaning given in section 50(1) of the Building Act 1984.
Rebecca Evans
Cabinet Secretary for Economy, Energy and Planning, one of the Welsh Ministers
12 December 2025
Regulation 17
SCHEDULE 1
Forms
EXPLANATORY NOTE
(This note is not part of the Regulations)

This instrument is part of a set of Regulations which implement Part 3 of the Building Safety Act 2022.

Part 2 of these Regulations makes a number of amendments to the Building Regulations 2010. Regulation 3 inserts a number of new definitions.

Regulation 4, through the insertion of two new regulations, provides that most of the procedural requirements in the Building Regulations 2010 do not apply in relation to higher-risk buildings. (Instead the procedures set out in the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 apply).

Regulation 5 inserts a new Part 2B into the Building Regulations 2010. This new Part sets out the arrangements a client must make in relation to a project, including the appointment in most cases of a principal contractor and a principal designer, and provisions as to the duties and competence of persons working on a project. Regulation 5 also provides that the client must notify the building control authority where the principal contractor or principal designer in relation to the work changes, and that, after completion of the work, the client must send a notice to the authority which includes compliance statements as to the work.

Regulation 6 changes a number of references to “deposit of plans” to “applications for building control approval” and makes amendments to reflect the definition of “building control authority” in section 121A of the Building Act 1984.

Regulation 7 inserts new provisions, equivalent to those which were in section 16 of the Building Act 1984, in relation to applications for building control approval, and regulation 8 inserts new provision, equivalent to article 45 of the Regulatory Reform (Fire Safety) Order 2005, in relation to consultation on applications.

Regulation 9 amends the existing notice of intention to commence works in regulation 16 of the Building Regulations 2010 to become a notice of starting work, and inserts a new requirement to give a notice where work is regarded as commenced. It also sets out the definition of what is to be regarded as commencement of work for the purposes of lapse of building control approval.

Regulation 10 amends regulation 38 of the Building Regulations 2010 to provide that the responsible person must acknowledge receipt of the fire safety information provided under regulation 38, and the person carrying out the work must give a notice to the building control authority confirming the information was received by the responsible person.

Regulation 11 makes provision in relation to the procedure for appeals under the Building Act 1984 – Part 3 of the Building Safety Act 2022 provided for a number of new rights of appeal, and moved most appeals from the Welsh Ministers to the building control authority and the magistrates’ court.

Regulation 12 omits regulations 45 and 46 of the Building Regulations 2010, this is linked to the commencement of section 33 of the Building Act 1984.

Regulation 13 amends regulation 20 of the Building Regulations 2010 to provide that the client for the project ensures the person carrying out work in relation to a higher-risk building is aware the building is a higher-risk building.

Regulation 14 updates the list of provisions whose breach cannot result in prosecution to include a number of the new duties inserted by this instrument, and equivalent provision is made for exclusion from compliance notices. Provision is also made for stop notices and the content of compliance notices, and procedures in relation to them.

Regulation 15 makes miscellaneous amendments to the Building Regulations 2010 including the omission of regulation 48 which is consequential on an amendment to section 94 of the Building Act 1984 by the Building Safety Act 2022, and amendments to regulations 44ZAA and 44C to provide clarity in relation to the requirements for developers providing public electronic communications networks.

Regulations 16 to 18 make a number of consequential amendments to secondary legislation to replace, for example, references to deposited plans. The regulations amended are: the Building (Local Authority Charges) Regulations 2010, the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, and the Building (Restricted Activities and Functions) (Wales) Regulations 2024.

Regulations 19 to 22 make transitional and saving provisions.

The Schedule makes substitutions and additions to the forms in Schedule 1 to the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024.

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
.

(
1
)
1984 c. 55
. Section 1 was amended by section 1(1), (2) and (3) of the Sustainable and Secure Buildings Act
2004 (c. 22)
and paragraphs 1, 2(1) and (2) of Schedule 5(1) 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 32 was substituted by section 36 of the 2022 Act. Section 35 was substituted by section 39 of the 2022 Act. Section 35B and 35D were inserted by section 38 of the 2022 Act. Section 91ZD was inserted by section 32 of the 2022 Act. Section 101A was inserted by section 56 of and paragraphs (1) and 30 of Schedule 6 to the 2022 Act. Paragraphs 1A to 1I of Schedule 1 were inserted by section 33 of the 2022 Act. Paragraphs 5A and 5B of Schedule 1 were inserted by sections 34 of the 2022 Act. Paragraph 5C of Schedule 1 was inserted by section 35 of the 2022 Act. Paragraph 10 of Schedule 1 was substituted by paragraph 83(8) of Schedule 5 to the 2022 Act.
(
2
)
2022 c. 30
.
(
3
)
Section 14(7) was amended by paragraph 17 of Schedule 5 to, the 2022 Act.
(
4
)
S.I. 2010/2214
as amended by
S.I. 2013/747 (W. 89)
,
2014/110 (W. 10)
,
2015/1486 (W. 165)
,
2016/611 (W. 168)
,
2018/552 (W. 94)
,
2018/558 (W. 97)
and
2022/564 (W. 214)
. There are other amending instruments, but none is relevant to this instrument.
(
5
)
Paragraph 1B of Schedule 1 to the Building Act
1984 c.55
.
(
6
)
S.I. 2025/1321 (W. 216)
.
(
7
)
S.I. 2023/1210 (W. 213)
.
(
8
)
1971 c. 80
.
(
9
)
S.I. 2015/51
.
(
10
)
Regulation 17A was inserted by
S.I. 2013/747
.
(
11
)
Regulation 25A was inserted by
S.I 2013/747
.
(
12
)
Regulation 27A was inserted by S.I 2014/110 and amended by
S.I. 2022/564
.
(
13
)
See the definition of compliance notice in section 35B(2) of the Building Act 1984, inserted by section 38 of the Building Safety Act 2022.
(
14
)
S.I. 2010/404
as amended by
S.I. 2010/2214
,
S.I. 2023/911
and
S.I. 2024/1268
; there are other amending instruments, but none is relevant to these Regulations.
(
15
)
S.I. 2024/1268 (W 214)
, as amended by
S.I. 2025/377 (W 74)
.
(
16
)
See the definition of “higher-risk building work” in section 120I(3) of the Building Act 1984, which was inserted by section 31 of the Building Safety Act 2022.
(
17
)
S.I. 2024/238 (W. 48)
, as amended by
2024/1268 (W. 214)
.
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Document details

Type

Statutory Instrument

Published

18 Dec 2025

Responsible body

Welsh Government

Issue

Grenfell fire building safety reforms

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