The Building Safety Act 2022 (Commencement No. 5 and Consequential Amendments) (Wales) Regulations 2024

Made: 2 April 2024

Laid before Senedd Cymru: 4 April 2024

Coming into force: 25 April 2024

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by section 167(1), (2)(a) and (3)(a) and section 170(4)(b)(vi) of the Building Safety Act 2022[^f00001].

Title, coming into force, interpretation and application

1

• (1) The title of these Regulations is the Building Safety Act 2022 (Commencement No. 5 and Consequential Amendments) (Wales) Regulations 2024 and they come into force on 25 April 2024.

• (2) In these Regulations—

• “2005 Order” (“Gorchymyn 2005”) means the Regulatory Reform (Fire Safety) Order 2005[^f00002];

• “2012 Regulations” (“Rheoliadau 2012”) means the Energy Performance of Buildings (England and Wales) Regulations 2012[^f00003];

• “Approved Inspectors Regulations” (“Rheoliadau Arolygwyr Cymeradwy”) means the Building (Approved Inspectors etc.) Regulations 2010[^f00004].

• (3) These Regulations apply in relation to Wales.

Provision coming into force on 25 April 2024

2

Section 49(1) and (2) of the Building Safety Act 2022 comes into force on 25 April 2024.

Amendments to the Approved Inspectors Regulations

3

In the following provisions (including headings) of the Approved Inspectors Regulations, for “approved inspector”, in each place it occurs, including where it only occurs once, substitute “approver”—

• (a) the heading of Part 3;

• (b) regulation 8[^f00005], including in the heading;

• (c) regulation 9[^f00006], including in the heading;

• (d) regulation 12, including in the heading;

• (e) regulation 13, including in the heading;

• (f) regulation 16[^f00007];

• (g) regulation 18;

• (h) regulation 20(1)[^f00008];

• (i) regulation 20(5)(a);

• (j) regulation 20(6), in substituted paragraph 4(a);

• (k) regulation 20(6A)[^f00009], in substituted paragraph 3;

• (l) Schedule 2[^f00010];

• (m) Schedule 3[^f00011], including in the heading of paragraph 5;

• (n) Schedule 4[^f00012], including in the heading of paragraph 4.

Amendments to the 2005 Order

4

• (1) The 2005 Order is amended as follows.

• (2) In article 30(5)(c) after “the approved inspector”, insert “or registered building control approver”.

• (3) In article 46(3) for “an approved inspector within the meaning of section 49 of the Building Act 1984” substitute “a registered building control approver within the meaning of section 58N of the Building Act 1984”.

Amendment to the 2012 Regulations

5

In regulation 32(1)(c)[^f00013] of the 2012 Regulations for “an approved inspector for the purposes of the inspector’s” substitute “a registered building control approver for the purposes of the approver’s”.

Transitional provision

6

The amendments in regulations 3, 4(3) and 5 do not apply to a person who, by virtue of regulation 4 of the Building Safety Act 2022 (Commencement No 4, Transitional and Savings Provisions) (Wales) Regulations 2024[^f00014], continues in the capacity of an approved inspector on or after 6 April 2024.

Signed

Julie James — Cabinet Secretary for Housing, Local Government and Planning, one of the Welsh Ministers — 2 April 2024

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215) (“the Approved Inspectors Regulations”), the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) (“the 2005 Order”) and the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118) (“the 2012 Regulations”) in consequence of Part 3 of the Building Safety Act 2022 (“the 2022 Act”). Regulation 2 of these Regulations commences section 49(1) and (2) of the 2022 Act.

Part 3 of the 2022 Act amends the Building Act 1984 (“the 1984 Act”) and defines the scope and provisions for the regime during the design and construction phase for higher-risk buildings. It also provides for the registration of building inspectors and building control approvers to better regulate and improve competence levels in the building control sector.

Regulation 3 of these Regulations amends specific provisions of the Approved Inspectors Regulations to amend references to “approved inspector” to “approver” so that they will continue to apply to registered building control approvers. The term “approver” is defined in regulation 2 of the Approved Inspectors Regulations as being a “registered building control approver”.

Regulation 4 amends the 2005 Order and regulation 5 amends the 2012 Regulations to similar effect but inserts the terms which are in keeping with those instruments.

Despite the amendments made by regulations 3, 4 and 5 of these Regulations, the Approved Inspectors Regulations will continue to apply to approved inspectors for the transition period (6 April 2024 to 1 October 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, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this instrument.

Footnotes

[^f00001]: 2022 c. 30.

[^f00002]: S.I. 2005/1541.

[^f00003]: S.I. 2012/3118.

[^f00004]: S.I. 2010/2215.

[^f00005]: There are amendments to regulation 8 but none is relevant to these Regulations.

[^f00006]: There are amendments to regulation 9 but none is relevant to these Regulations.

[^f00007]: Regulation 16 was amended by regulation 38 of S.I. 2012/3119 and regulation 31 of S.I. 2013/747 (W. 89).

[^f00008]: Regulation 20(1) was amended by regulation 32 of S.I. 2013/747 (W. 89), regulation 13(a) and (b) of S.I. 2014/110 (W. 10), regulation 3(3)(a) and (b)(i) of S.I. 2016/611 (W. 168) and regulation 20(a)(i) and (ii) and (b)(i), (ii) and (iii) of S.I. 2022/564 (W. 130).

[^f00009]: Regulation 20(6A) was added by regulation 20(d) of S.I. 2022/564 (W. 130).

[^f00010]: There are amendments to Schedule 2, but none is relevant to these Regulations.

[^f00011]: There are amendments to Schedule 3, but none is relevant to these Regulations.

[^f00012]: There are amendments to Schedule 4, but none is relevant to these Regulations.

[^f00013]: There are amendments to section 32(1), but none is relevant to these Regulations.

[^f00014]: S.I. 2024/207 (W. 39) (C. 10).