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 have consulted the Building Regulations Advisory Committee for Wales and such other persons they consider appropriate under section 14(7) of the Building Act 1984³.

PART 1 — Introduction

Title, application and coming into force

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• (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 2010⁴.

PART 2 — Amendment of the Building Regulations 2010

Amendment of the 2010 Regulations

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The 2010 Regulations are amended in accordance with regulations 3 to 15.

Amendments to regulation 2

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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 approval⁵ 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 2025⁶;

• “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— carries out any design work, or 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 2023⁷;

• “higher-risk building work” means any work relating to higher-risk building or a proposed higher-risk building, including— any work relating to a building that is not a higher-risk building that causes it to become such a building, and any work relating to a higher-risk building that causes it to cease to be such a building.

• “principal contractor” means— the contractor appointed under regulation 11U (principal designer and principal contractor) to perform the duties of a principal contractor under these Regulations, or 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— the designer appointed under regulation 11U (principal designer and principal contractor) to perform the duties of a principal designer under these Regulations, or 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 1971⁸;

• (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—

(2C) Subject to regulation 2D, these Regulations apply to all buildings in Wales, including higher-risk buildings. (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); (c) regulation 14 (applications for building control approval with full plans); (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).

Amendments: dutyholders and competence

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After regulation 11Q (interpretation of this Part) insert the following new Part—

(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; (c) the duties in the following provisions are owed by all clients— (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— the work; planning and management of the project; issues relating to compliance with any relevant requirement and how they were addressed. (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. (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. (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— (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. (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 2015⁹. (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; (c) the conviction of A for any offence under— (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. (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. (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. (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. (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 (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. (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. (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. (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 (c) designers, and any other person involved in relation to design work, comply with the duties under these Regulations. (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. (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. (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; (c) subject to paragraph (6), PA must give a notice to the building control authority which includes— (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. (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. (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.

Amendments: deposit of plans and building control authorities etc.

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• (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”;

• (c) in paragraph (3)—

• (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); (c) a statement that the building work is complete; (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); (c) the date when the building or any part of it is to be occupied; (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; (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. (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.

• (c) after paragraph (5) insert—

(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 17A¹⁰ (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) 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.

• (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 25A¹¹ (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.

• (c) in paragraph (3), for “local authority” substitute “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”;

• (c) after paragraph (4) insert—

(4A) 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.

• (12) In regulation 27A¹² (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”;

• (c) after paragraph (4) insert—

(4A) 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.

• (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”;

• (c) after paragraph (4) insert—

(4A) 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.

• (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”;

• (c) after paragraph (4) insert—

(5) 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.

• (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.

• (c) 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 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.

• (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.

• (c) 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 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) 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.

• (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) 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.

• (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.

• (c) 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 it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.

• (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”.

Amendments: applications for building control

7

• (1) For regulation 14 substitute—

(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—