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

(47I) The following provisions of these Regulations are prescribed as provisions in relation to which a compliance notice[^f00013] 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); (c) regulation 16(2B) and (2C) (notice as to commencement of work); (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). (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, (c) the name or description of the recipient, and (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, (c) provide details of the nature of the contravention or likely contravention, (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. (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, (c) the name or description of the recipient, and (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. (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. (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. (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; (c) that the giving of the notice was unreasonable; (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. (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. (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

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• (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

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• (1) The Building (Local Authority Charges) Regulations 2010[^f00014] 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”);

• (c) after sub-paragraph (e) insert—

(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

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• (1) The Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024[^f00015] 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,”

• (c) in paragraph (12), for “Regulation 7A(3)” substitute “Regulation 7A”.

• (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[^f00016]. (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—

(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; (c) that the decision was unreasonable; (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. (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) 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) 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 building which is to be constructed on the same foundation plinth or podium as any other building or structure; a building which has more than one storey below ground level; 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 shop or shopping centre; premises where food or drink are sold for consumption on the premises, including a nightclub, social club or dance hall; a stadium, theatre, cinema, concert hall; a sports ground; an exhibition hall or conference centre; a hospital or premises for the provision of healthcare. (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; (c) PA must give a notice to the approver which includes— (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. (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); (c) a statement that the building work is complete; (d) a statement, signed by the client, confirming that to the best of the client’s knowledge the work complies with all applicable requirements of the building regulations; (e) 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 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.

• (c) after paragraph (2) insert—

(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”;

• (c) after paragraph 12 insert—

(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

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• (1) The Building (Restricted Activities and Functions) (Wales) Regulations 2024[^f00017] 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

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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

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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

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• (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;

• (c) the building work to which the plans relate is completed.

• (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.

SCHEDULE 1 — Forms

Signed

Rebecca Evans — Cabinet Secretary for Economy, Energy and Planning, one of the Welsh Ministers — 12 December 2025

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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.

Footnotes

[^f00001]: 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.

[^f00002]: 2022 c. 30.

[^f00003]: Section 14(7) was amended by paragraph 17 of Schedule 5 to, the 2022 Act.

[^f00004]: 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.

[^f00005]: Paragraph 1B of Schedule 1 to the Building Act 1984 c.55.

[^f00006]: S.I. 2025/1321 (W. 216).

[^f00007]: S.I. 2023/1210 (W. 213).

[^f00008]: 1971 c. 80.

[^f00009]: S.I. 2015/51.

[^f00010]: Regulation 17A was inserted by S.I. 2013/747.

[^f00011]: Regulation 25A was inserted by S.I 2013/747.

[^f00012]: Regulation 27A was inserted by S.I 2014/110 and amended by S.I. 2022/564.

[^f00013]: 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.

[^f00014]: 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.

[^f00015]: S.I. 2024/1268 (W 214), as amended by S.I. 2025/377 (W 74).

[^f00016]: 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.

[^f00017]: S.I. 2024/238 (W. 48), as amended by 2024/1268 (W. 214).