The Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025
This instrument is part of a number of Regulations which implement the Building Safety Act 2022 in respect of higher-risk buildings in Wales.
- “reaction to fire classification” (“dosbarthiad adwaith i dân”) means BS EN 13501-1:2018 entitled “Fire classification of construction products and building elements. Classification using data from reaction to fire tests” (ISBN 978 0 580 95726 0) published by the British Standards Institute on 14 January 2019;
- “staged work statement” (“datganiad gwaith fesul cam”) has the meaning given in regulation 4(3)(b)(i);
- “subsequent stages statement” (“datganiad camau dilynol”) has the meaning given in regulation 4(3)(c)(i).
New client etc.
27
- (1) Subject to paragraphs (4) and (5), if, at any time after building control approval for HRB work, a stage of HRB work or work to existing HRB is granted, a person (in this regulation “C”) ceases to be the client in relation to the work, they must, within 14 days after the date they cease to be the client, provide the client (in this regulation “N”) with—
- (a) a copy of the golden thread information;
- (b) information (including plans, drawings and other documents) which is sufficient to detail the work comprised in the project;
- (c) a document explaining the arrangements made under regulation 11R (suitable arrangements to ensure compliance with requirements etc.) of the 2010 Regulations103;
- (d) a statement, signed by C, which—
- (i) provides the date C ceased to be the client, and
- (ii) confirms that—
- (aa) C has fulfilled their duties as the client under Part 2B (dutyholders and competence) of the 2010 Regulations104,
- (bb) C has provided a copy of the golden thread information to N, and
- (cc) as far as C is aware, on the day they cease to be client, the design work, and the building work (if any has been carried out by that date), complies with all applicable requirements of the 2010 Regulations.
- (2) Subject to paragraph (3), N must—
- (a) within 28 days of the date when N becomes the client, give a notice to the building control authority which—
- (i) states the date N became the client;
- (ii) states the date when C ceased to be the client;
- (iii) confirms N has received the documents referred to in paragraph (1);
- (iv) confirms N is aware of the requirements imposed on a client by the building regulations;
- (v) includes a copy of C’s statement under paragraph (1)(d), and
- (b) ensure—
- (i) a record is made of the change of client in the change control log;
- (ii) the construction control plan is revised under regulation 18 (change control) to reflect the change.
- (3) Where N is not able—
- (a) to confirm they have received the documents referred to in paragraph (1), or
- (b) to provide a copy of C’s statement under paragraph (1)(d),
the notice sent under paragraph (2)(a) must explain the reasons for not providing the confirmation or not including a copy of the statement.
- (4) Where—
- (a) a trustee in bankruptcy has been appointed in relation to a client, or
- (b) C’s property (or any part of it that includes the HRB project) vests in a liquidator under section 145 of the Insolvency Act 1986105,
that person (IP) is not to be treated as a new client provided no building work has been carried out since their appointment or vesting, and where IP then disposes of C’s property to a new client, paragraph (1) applies to IP as if—
- (i) sub-paragraphs (c) and (d) (except paragraph (ii)(bb)) were omitted, and
- (ii) where they are not able to confirm they have the documents referred to in paragraph (1)(a), the notice sent under paragraph (2) by N must explain the reasons for not providing the confirmation.
- (5) Where—
- (a) a deputy has been appointed by the Court of Protection in relation to C’s property and financial affairs, or
- (b) a person has power of attorney in relation to C’s property and they intend to act in the capacity of the client,
paragraph (6) applies instead of paragraph (1).
- (6) Where paragraph (5) applies, a person who has taken over as the client on behalf of C must, within 28 days of taking any step as a client—
- (a) give a notice to the building control authority which—
- (i) states the date they took over as the client on behalf of C;
- (ii) confirms they have—
- (aa) a copy of the golden thread information;
- (bb) information (including plans, drawings and other documents) which is sufficient to detail the work comprised in the project;
- (cc) a document explaining the arrangements made under regulation 11R (suitable arrangements to ensure compliance with requirements etc.) of the 2010 Regulations106;
- (iii) confirms they are aware of the requirements imposed on a client by the building regulations;
- (iv) includes a statement, signed by them, which confirms that as far as they are aware, on the date of the notice, the design work, and the building work (if any has been carried out by that date), complies with all applicable requirements of the building regulations, and
- (b) ensure—
- (i) a record is made of them taking over as the client on behalf of C in the change control log;
- (ii) the construction control plan is revised, under regulation 18 (change control), to reflect the change.
- (7) Where the person who has taken over as the client on behalf of C is not able to confirm they have the documents referred to in paragraph (6)(a)(ii) or make the statement required by paragraph (6)(a)(iv), then the notice sent under paragraph (6)(a) must explain the reasons for not providing the confirmation or not providing the statement.
- (8) Subject to paragraph (9), where C dies, C’s personal representative (“PR”) must, within 28 days of issue of grant to administer C’s estate give a notice to the building control authority which—
- (a) states the date of issue of grant to administer C’s estate,
- (b) states the date when C died,
- (c) confirms PR has—
- (i) a copy of the golden thread information;
- (ii) information (including plans, drawings and other documents) which is sufficient to detail the work comprised in the project;
- (iii) a document explaining the arrangements made under regulation 11R (suitable arrangements to ensure compliance with requirements etc.) of the 2010 Regulations107, and
- (d) states whether or not PR intends to act as the client in relation to the project.
- (9) Where PR is not able to confirm they have the documents referred to in paragraph (8)(c), the notice sent under paragraph (8) must explain the reasons for not providing the confirmation.
- (10) Where PR intends to act as the client in relation to the project, PR must—
- (a) comply with paragraph (2) (except paragraphs (iii), (iv) and (v) of sub-paragraph (a)), and
- (b) in the notice to be provided under paragraph (2) additionally confirm they have—
- (i) a copy of the golden thread information,
- (ii) information (including plans, drawings and other documents) which is sufficient to detail the work comprised in the project, and
- (iii) a document explaining the arrangements made under regulation 11R (suitable arrangements to ensure compliance with requirements etc.) of the 2010 Regulations108.
- (11) Where PR is not able to confirm they have the documents referred to in paragraph (10), the notice referred to in paragraph (10) must explain the reasons for not providing the confirmation.
- (12) For the purposes of this regulation, a person is to be treated as a new client where a project is carried out for them instead of C but a person is not to be regarded as a new client by reason solely of their purchase of, or their entering into a contract to purchase, a legal interest in a dwelling created or to be created in the higher-risk building.
- (13) For the purposes of section 35(2) of the 1984 Act (provisions for which offence does not apply), paragraphs (6) and (8) are prescribed.
- (14) For the purposes of section 35B(7)(a) of the 1984 Act (provisions for which compliance notice may not be given), paragraphs (6) and (8) are prescribed.
- (15) The requirements of this regulation do not apply—
- (a) to a domestic client except where, under regulation 11T(1) of the 2010 Regulations a domestic client has assigned duties to themselves, or
- (b) to work to existing HRB which consists only of—
- (i) scheme work,
- (ii) exempt work, or
- (iii) work to which regulation 10 (notification of emergency repairs to existing HRB) applies.
- (16) In this regulation—
- “HRB project” (“prosiect ARU”) means the work described in the initial notice given under section 47 of the 1984 Act.
Insolvency etc. of the client: notifications
28
- (1) Where the client becomes aware that any of the circumstances referred to in paragraph (2) apply in relation to them, the client must, within 14 days of that day, give a notice to the building control authority which—
- (a) states that they are the client in relation to a project;
- (b) states the name and address of the client, and where the person is a company, also the company registration number;
- (c) gives details which are sufficient to identify every project of the client which relates to a higher-risk building;
- (d) provides so much of the information referred to in the table in rule 1.6 of the 2016 Rules as is known to them.
- (2) The circumstances referred to in paragraph (1) are—
- (a) a moratorium under Part A1 of the Insolvency Act 1986109 has commenced;
- (b) a voluntary arrangement for the purposes of Part 1 of the Insolvency Act 1986 has been proposed under that Part of the Act;
- (c) a voluntary arrangement for the purposes of Part 8 of the Insolvency Act 1986 has been proposed and has taken effect under that Part of the Act.
- (3) Subject to paragraph (5), where a person (“P”) described in paragraph (4) is appointed in relation to the client, not more than 14 days after the date P is appointed P must give a notice to the building control authority which—
- (a) states the name and address of the client in relation to which the appointment relates and gives details which are sufficient to identify every project of the client which relates to a higher-risk building;
- (b) identifies the nature of the appointment held by P in relation to the client;
- (c) states the name, address, telephone number and (if available) email address of P;
- (d) provides as much of the information referred to in the table in rule 1.6 of the 2016 Rules as is known to them.
- (4) The persons referred to in paragraph (3) are—
- (a) an administrator;
- (b) an administrative receiver;
- (c) a receiver appointed by the courts or by a mortgagee;
- (d) a liquidator;
- (e) a trustee in bankruptcy.
- (5) Where under section 178 or 315 of the Insolvency Act 1986 any property in relation to a project is disclaimed, the person disclaiming the property must, within 28 days beginning with the date the disclaimer took effect, give the building control authority a copy of the notice of disclaimer under rule 19.2 of the 2016 Rules.
- (6) For the purposes of section 35(2) of the 1984 Act (provisions for which offence does not apply), paragraph (3) is prescribed.
- (7) For the purposes of section 35B(7)(a) of the 1984 Act (provisions for which a compliance notice may not be given), paragraph (3) is prescribed.
- (8) The requirements of this regulation do not apply to a domestic client except where, under regulation 11T(1) of the 2010 Regulations, a domestic client has assigned duties to themselves.
- (9) In this regulation “the 2016 Rules” means the Insolvency (England and Wales) Rules 2016110.
New principal contractor or principal designer etc: notification
29
- (1) This paragraph applies where, at any time after building control approval for HRB work, a stage of HRB work or work to existing HRB is granted the client appoints a principal contractor (or sole contractor) or principal designer (or sole or lead designer) or where duties are assigned under regulation 11T(4) of the 2010 Regulations.
- (2) Where paragraph (1) applies, the client must give a notice, signed by the client, to the building control authority containing—
- (a) the name, address, telephone number and (if available) email address of the person appointed,
- (b) a statement that the client—
- (i) has complied with regulation 11V(2)(b) (consideration of past misconduct) of the 2010 Regulations111,
- (ii) is satisfied in the case of a principal contractor, that the person fulfils the requirements in regulations 11W(1) and (2) and 11Y(1) of the 2010 Regulations112,
- (iii) is satisfied in the case of a principal designer, that the person fulfils the requirements in regulations 11W(1) and (2) and 11X(1) of the 2010 Regulations113, and
- (iv) is satisfied in the case of a sole contractor, or sole or lead designer, that the person fulfils the requirements in regulations 11W(1) and (2) of the 2010 Regulations,
- (c) in relation to each principal contractor or principal designer, a copy of the record, in respect of the person, that the client created under regulation 11U(8) or (9) (principal designer and principal contractor) of the 2010 Regulations114, and
- (d) a declaration as to the truth of the statement referred to in sub-paragraph (b) and of the record (if any) referred to in sub-paragraph (c).
- (3) On request from the client, the person who was the principal contractor (or sole contractor) or principal designer (or sole or lead designer), before the appointment or assignment referred to in paragraph (1) must give the client a statement in writing, signed and dated by them, which sets out—
- (a) their name, address, telephone number and (if available) email address;
- (b) the dates of their appointment;
- (c) subject to paragraph (d), a certificate—
- (i) in the case of a person who was a principal contractor (or sole contractor), that they have fulfilled their duties as a principal contractor under Part 2B (dutyholders and competence) of the 2010 Regulations115;
- (ii) in the case of a person who was principal designer (or sole or lead designer), that they have fulfilled their duties as a principal designer under Part 2B (dutyholders and competence) of the 2010 Regulations116;
- (d) where a person is unable to certify that they have fulfilled their duties, a statement explaining what duties they were unable to fulfil and the reasons for not being able to do so.
- (4) The client must ensure the notice under paragraph (2) is accompanied by a copy of a statement provided to them under paragraph (3).
- (5) Where, at the date a client gives the notice under paragraph (2), the client is unable to obtain the statement under paragraph (3), the notice under paragraph (2) must be accompanied by a statement by the client explaining the steps the client has taken to obtain the statement together with any reasons the person referred to in paragraph (3) has given for not providing the statement.
- (6) The client must give the notice under paragraph (2) together with a copy of the statement referred to in paragraph (3) or, if applicable, a statement referred to in paragraph (5), to the building control authority within 10 working days beginning with the date of the appointment.
- (7) The client must ensure—
- (a) a record is made of the change of principal contractor (or sole contractor) or principal designer (or sole or lead designer) in the change control log, and
- (b) the construction control plan is revised, under regulation 18, to reflect the change.
- (8) Where paragraph (1) applies and the client is a domestic client (“DC”), (except where under regulation 11T(1) of the 2010 Regulations a domestic client has assigned duties to themselves), the following applies instead of paragraphs (2) to (7)—
- (a) except where the person appointed (“PA”) is the first person appointed to the role, the person who held the role before PA (“outgoing dutyholder”) must, within 5 working days of the date their appointment ends, give the DC a notice which sets out—
- (i) their name, address, telephone number and (if available) email address;
- (ii) the date their appointment ended;
- (iii) subject to paragraph (b), a certificate—
- (aa) in the case of a person who was a principal contractor (or sole contractor), that they fulfilled their duties as a principal contractor under Part 2B (dutyholders and competence) of the 2010 Regulations117;
- (bb) in the case of a person who was 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 Regulations118;
- (b) where the outgoing dutyholder is unable to certify that they fulfilled their duties, a statement explaining what duties they were unable to fulfil and the reasons for not being able to do so;
- (c) DC must provide the information referred to under sub-paragraph (a) and (b) to PA on the date of appointment of PA or as soon as practicable after that date;
- (d) subject to paragraph (10), 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.
- (9) PA must ensure the notice under paragraph (8)(d) is accompanied by a copy of a certificate provided to them under paragraph (8)(a)(iii) or a statement provided to them under paragraph (8)(b).
- (10) Where PA has not received the information required to be provided under paragraph (8)(c) by the time the notice under paragraph (8)(d) is to be given, the statement given by PA under paragraph (8)(d)(iv) must also include an explanation to that effect.
- (11) A notice required under paragraph (8)(d) must be given to the building control authority within 10 working days beginning with the date of the appointment.
- (12) PA must ensure—
- (a) a record is made of the change of principal contractor (or sole contractor) or principal designer (or sole or lead designer) in the change control log, and
- (b) the construction control plan is revised, under regulation 18, to reflect the change.
Variation of a requirement imposed on a building control approval
30
- (1) In relation to HRB work, a stage of HRB work or work to existing HRB, a client may request, by notice in writing, that the building control authority vary a requirement imposed on a building control approval.
- (2) A notice under paragraph (1) must be made in writing, signed by the client, and must include—
- (a) the name, address, telephone number and (if available) email address of the client;
- (b) a statement that the notice is given under this regulation;
- (c) a description of the proposed variation;
- (d) an explanation of the reasons why the variation is proposed;
- (e) a list of the name and occupation of each person, if any, whose advice was sought in relation to the proposed variation and a summary of any advice provided.
- (3) Where the notice under paragraph (1) is given by someone on behalf of the client, it must include a statement signed by the client confirming they agree to the notice being given and that the information contained in the application is correct.
- (4) Where the building control authority receives a notice under paragraph (1), it must determine whether to grant the variation within—
- (a) 20 working days of receipt of the notice, or
- (b) within such longer period as at any time the building control authority and the person giving the notice agree in writing.
- (5) Where the building control authority has not determined whether to grant the variation before the end of the period provided for in paragraph (4) the variation is treated as refused by the building control authority.
- (6) Where a requirement is varied the building control authority must give the client a notice setting out the requirement as varied.
- (7) Where the building control authority does not agree to the variation it must notify the client giving reasons.
PART 4 — Golden thread, mandatory reporting, information handover etc.
Golden thread
31
- (1) The arrangements made by a client under regulation 11R of the 2010 Regulations119 must include—
- (a) where the work is HRB work or a stage of HRB work—
- (i) arrangements for an electronic facility to be created and maintained by the client (or someone on their behalf) for holding the golden thread information;
- (ii) procedures for persons involved with designing or carrying out the work to have access to the electronic facility for maintaining the golden thread information in the facility;
- (b) where the work is work to existing HRB—
- (i) arrangements for an electronic facility which holds the golden thread information to be maintained by the client (or someone on their behalf) for the purpose of updating the golden thread information in relation to the work;
- (ii) procedures for persons involved with designing or carrying out the work to have access to the electronic facility for the purpose of maintaining the golden thread information in the electronic facility.
- (2) The client must ensure the golden thread information—
- (a) is kept in an electronic format,
- (b) is capable of being transferred electronically to other persons without the data, information or document in it being lost or corrupted,
- (c) is accurate and up to date,
- (d) is available in a readable format which is intelligible to the intended readers of the data, and any key needed to understand the data is provided with the data,
- (e) is made available as soon as reasonably practicable following a request from a principal designer (or sole or lead designer) or principal contractor (or sole contractor) to enable them to comply with their duties under the 2010 Regulations,
- (f) is secure from unauthorised access,
- (g) is only changed under procedures which record the person who made the change and the date of that change, and
- (h) as far as is reasonably practicable uses language, terminology and definitions which are consistent.
- (3) The principal designer (or sole or lead designer) must ensure designs for the building work produced before a building control approval application for HRB work, a stage of HRB work or work to existing HRB is submitted are provided to the client and the client must ensure, before the construction phase begins (or, in the case of a stage of HRB work, that stage begins), the electronic facility is updated to include the design.
- (4) Where building control approval for HRB work, a stage of HRB work or work to existing HRB is granted, the client must ensure, before the construction phase begins (or, in the case of a stage of HRB work, that stage begins), the electronic facility includes—
- (a) where the work is HRB work or a stage of HRB work, a copy of the plans and each of the other documents for the proposed higher-risk building which are approved under regulation 7(7)(b) together with all the evidence recorded to show compliance with the applicable requirements of the building regulations, and
- (b) where the work is work to existing HRB, a copy of the plans and each of the other documents for the work which are approved under regulation 15(7)(b) together with all the evidence recorded to show compliance with the applicable requirements of the building regulations.
- (5) Where regulation 10 (notification of emergency repairs to existing HRB) applies in relation to the work, the client must ensure a copy of the notice required under regulation 10(1)(a) is included in the facility referred to in paragraph (1).
- (6) Where an agreed document is provided or approved under the terms of a requirement imposed on the grant of a building control approval under—
- (a) regulation 7 (building control approval applications for HRB work or stage of HRB work: decisions);
- (b) regulation 15 (building control approval applications for work to existing HRB: decisions);
- (c) regulation 24 (change control applications: decisions),
the client must ensure the electronic facility is updated to include a copy of that agreed document as soon as practicable after the document is provided or approved.
- (7) The client must ensure—
- (a) where a controlled change is proposed, a copy of the record required to be made under regulation 18(2)(a) is included in the electronic facility as soon as practicable after the change is recorded, and
- (b) where the proposed change is not carried out, that the electronic facility is updated with a note to that effect.
- (8) The client must ensure—
- (a) where a controlled change is proposed and an agreed document is affected by the change, a copy of the revised version of the document required to be produced under regulation 18(2)(b) is included in the electronic facility as soon as practicable after the revised version is produced, and
- (b) where the proposed change is not carried out that the electronic facility is updated with a note to that effect.
- (9) Where a notice is given under regulation 29, the client must ensure the electronic facility is updated to include a copy of the notice and any statement which accompanied that notice as soon as practicable after the notice is given.
- (10) Where a written report is provided to the building control authority under regulation 33, the client must ensure the electronic facility is updated to include a copy of that report as soon as practicable after the report is provided.
- (11) Where the client proposes to make a completion certificate application, a partial completion certificate application, or a regularisation certificate application, they must ensure the electronic facility is updated to include a copy of the proposed application and a copy of each document which it is proposed will accompany the application.
- (12) The requirements of this regulation do not apply to work to existing HRB which consists only of—
- (a) scheme work, or
- (b) exempt work.
- (13) In these Regulations—
- “electronic facility” (“cyfleuster electronig”) means the facility referred to in paragraph (1).
- “golden thread information” (“gwybodaeth llinyn aur”) means the information required by this regulation to be included in the electronic facility including previous versions of any document which has been updated.
Mandatory occurrence reporting system
32
- (1) The principal dutyholders must—
- (a) before the construction phase begins, establish a system which enables as far as is reasonably practicable the prompt reporting of every safety occurrence to the principal dutyholders by reporting persons, and
- (b) maintain the system throughout the construction phase.
- (2) The principal dutyholders must take reasonable steps to ensure each reporting person is provided with adequate instruction and information on the system required by paragraph (1) and the incidents or situations that should be reported by the reporting person through the system—
- (a) in the case of a designer or contractor, before beginning any work;
- (b) in the case of any other person, as soon as reasonably practicable after first entering the site of the work.
- (3) The principal contractor (or sole contractor) must ensure an appropriate frequency of inspections of the work for safety occurrences throughout the construction phase.
- (4) The principal designer (or sole or lead designer) must ensure an appropriate frequency of inspections of HRB design work for safety occurrences throughout the construction phase.
- (5) The requirements of this regulation do not apply to work to existing HRB which consists only of—
- (a) exempt work, or
- (b) work to which regulation 10 (notification of emergency repairs to existing HRB) applies.
Mandatory occurrence reporting: reporting to the building control authority
33
- (1) Where there is a safety occurrence during the construction phase, a principal dutyholder must follow the reporting procedure on becoming aware of the occurrence.
- (2) For the purposes of this regulation, “the reporting procedure” means—
- (a) notifying the building control authority of the safety occurrence by the quickest practicable means without undue delay, and
- (b) providing a written report of the occurrence containing the required information (as set out in paragraph (3)) to the building safety authority within 10 working days beginning with the date the principal dutyholder becomes aware of the safety occurrence.
- (3) The required information referred to in paragraph (2) is—
- (a) the date and time of the safety occurrence;
- (b) the address of the site at which the occurrence happened;
- (c) the name, address, telephone number and (if available) an email address of the principal dutyholder making the report;
- (d) the type and details of the occurrence (including the nature of the risk);
- (e) details of remedial measures or mitigation carried out.
- (4) Information provided by a person under the reporting procedure is not admissible in evidence against that person in criminal proceedings except—
- (a) in proceedings for an offence under section 35 of the 1984 Act (offence of contravening building regulations etc.) relating to breach of the duty in paragraph (1),
- (b) in proceedings for an offence of perverting the course of justice, or
- (c) if in the proceedings—
- (i) in giving evidence the person makes a statement inconsistent with the information, and
- (ii) evidence as to the information that was provided is adduced, or a question relating to it is asked, by or on behalf of the person.
- (5) The requirements of this regulation do not apply to work to existing HRB which consists only of—
- (a) exempt work, or
- (b) work to which regulation 10 (notification of emergency repairs to existing HRB) applies.
Mandatory occurrence reporting: defences
34
Where a principal dutyholder has committed an offence under section 35 of the 1984 Act of contravening these Regulations by failing to follow the reporting procedure in relation to a safety occurrence as required by regulation 33, it is a defence for the principal dutyholder if they reasonably believed that the other principal dutyholder had—
- (a) already notified the building control authority of the safety occurrence under regulation 33, and
- (b) already provided the building control authority with a written report of the safety occurrence under regulation 33.
Mandatory occurrence reporting: definitions
35
- (1) In regulations 31 to 34—
- “construction phase” (“cyfnod adeiladu”) means the period of time beginning when the HRB work, a stage of HRB work or work to existing HRB starts and ending when the work is completed;
- “HRB design work” (“gwaith dylunio ARU”) means design of any HRB work, stage of HRB work or work to existing HRB;
- “principal dutyholders” (“prif ddeiliaid dyletswyddau”) means the principal contractor (or sole contractor) and the principal designer (or sole or lead designer);
- “reporting person” (“person sy’n adrodd”) means—any designer (including the principal designer),any contractor (including the principal contractor), andany other person who is a periodic visitor on the site of work;
- “safety occurrence” (“achlysur diogelwch”) means—in relation to a design, an aspect of design relating to the structural integrity or fire safety of a higher-risk building that would, if built, meet the risk condition;otherwise, an incident or situation relating to the structural integrity or fire safety of a higher-risk building that meets the risk condition.
- (2) In the definition of “safety occurrence”, the “risk condition” is that use of the building in question without the incident or situation being remedied would be likely to present a risk of a significant number of deaths, or serious injury to a significant number of people.
Mandatory occurrence reporting: client duty on appointment of principal contractor or principal designer
36
Where, in relation to HRB work, a stage of HRB work or work to existing HRB, the client appoints a principal contractor (or sole contractor) or principal designer (or sole or lead designer), the client must take all reasonable steps to satisfy themselves that the person appointed is able to fulfil the requirements in regulations 32 and 33.
Handover of information on completion etc.
37
- (1) The client for, or any person working alone carrying out, HRB work, a stage of HRB work or work to existing HRB must give—
- (a) the BFLO information, and
- (b) the specified golden thread information,
to the responsible person no later than the date the work is completed, or where regulation 44 (partial completion certificates) applies no later than the date the part of the building is to be occupied.
- (2) The golden thread information given under paragraph (1) must be provided in such a way as to retain the filing structure in which it was kept, including each index, key or other information logically associated with it and in a format which enables the responsible person to read, keep and update the information.
- (3) The responsible person must give the client a notice acknowledging receipt of the specified golden thread information which confirms—
- (a) they are able to access the information, and
- (b) the information provided is sufficient to enable them to understand, operate and maintain the building (and the fire safety systems in it) after the building work.
- (4) The requirements of paragraph (1) do not apply to work to existing HRB which consists only of—
- (a) scheme work,
- (b) exempt work, or
- (c) work to which regulation 10 (notification of emergency repairs to existing HRB) applies.
- (5) In this regulation—
- “BFLO information” (“gwybodaeth BFLO”) means— where Part B of Schedule 1 to the 2010 Regulations imposes a requirement in relation to the work, the fire safety information, where paragraph F1(1) of Schedule 1 to the 2010 Regulations imposes a requirement in relation to the work, sufficient information about the building’s ventilation system and its maintenance requirements so that the ventilation system can be operated in such a way as to provide adequate means of ventilation, where paragraph L1 of Schedule 1 to the 2010 Regulations imposes a requirement in relation to the work, sufficient information about the building, the fixed building services and their maintenance requirements so that the building can be operated in such a way as to use no more fuel and power than is reasonable in the circumstances, where paragraph L2 of Schedule 1 to the 2010 Regulations applies in relation to the work, sufficient information about the system for on-site electricity generation in respect of its operation and maintenance requirements so that the system may be operated and maintained in such a way as to produce the maximum electricity that is reasonable in the circumstances and delivers this electricity to the optimal place for use, and where Part O of Schedule 1 to the 2010 Regulations applies in relation to the work, sufficient information about the provision made under Part O so that the systems in place further to Part O can be operated in such a way as to protect against overheating.
- “specified golden thread information” (“gwybodaeth llinyn aur benodedig”) means— in relation to cases where regulation 44 applies, a copy of— the partial completion certificate application in relation to the HRB work, the stage of HRB work or work to existing HRB which the client proposes to make, and each document which under regulation 44(3) is required to accompany the application; in relation to any other case, a copy of— the completion certificate application in relation to the HRB work, the stage of HRB work or work to existing HRB which the client proposes to make, and each document which under regulation 39(2) is required to accompany the application.
Information to be provided where work is scheme work
38
- (1) Where work to existing HRB consists only of scheme work and Part B of Schedule 1 to the 2010 Regulations imposes a requirement in relation to the work, the certifier must give the fire safety information to the client and the responsible person no later than—
- (a) where the building to which the building work relates is not occupied during the work, the date of completion of the work or the date of occupation of the building, whichever is the earlier;
- (b) in any other case, the date of completion of the work.
- (2) The responsible person must—
- (a) give the certifier a notice acknowledging receipt of the fire safety information and confirming the information provided is sufficient to enable them to understand, operate and maintain the building (and the fire safety systems in it) after the building work in question has been completed, and
- (b) give a copy of that notice at the same time to the client.
- (3) The certifier must notify the client—
- (a) confirming that they have given fire safety information to the responsible person, and
- (b) stating that they have received a notice from the responsible person under paragraph (2) or where they have not received the notice, stating the steps taken to obtain the notice from the responsible person and the dates they were taken.
- (4) The notification under paragraph (3) must be given no later than 5 working days after the date referred to in paragraph (1).
- (5) Within 30 working days of receiving the notification under paragraph (3) the client must notify the building control authority confirming receipt of the notification from the certifier.
- (6) Where work to existing HRB consists only of scheme work and paragraph F1(1) of Schedule 1 to the 2010 Regulations imposes a requirement in relation to the work, the certifier must, no later than 5 working days after the work has been completed, give sufficient information to the client and the responsible person about the building’s ventilation system and its maintenance requirements so that the ventilation system can be operated in such a way as to provide adequate means of ventilation.
- (7) Where work to existing HRB consists only of scheme work and paragraph L1 of Schedule 1 to the 2010 Regulations imposes a requirement in relation to the work, the certifier must, no later than 5 working days after the work has been completed, provide to the client and the responsible person sufficient information about the building, the fixed building services and their maintenance requirements so that the building can be operated in such a way as to use no more fuel and power than is reasonable in the circumstances.
- (8) Where work to existing HRB consists only of scheme work and paragraph L2 of Schedule 1 to the 2010 Regulations applies in relation to the work, the certifier must, no later than 5 working days after the work has been completed, provide to the client and the responsible person sufficient information about the system for on-site electricity generation in respect of its operation and maintenance requirements so that the system may be operated and maintained in such a way as to produce the maximum electricity that is reasonable in the circumstances and delivers this electricity to the optimal place for use.
- (9) In this regulation—
- “certifier” (“ardystiwr”) means where the work is described in column 1 of the Table in Schedule 3 to the 2010 Regulations and the work is to be carried out by a person described in the corresponding entry in column 2 of that Table, the person carrying out the work;
- ...
PART 5 — Completion certificates
Completion certificate applications
39
- (1) An application for a completion certificate in relation to HRB work, a stage of HRB work or work to existing HRB (“a completion certificate application”) must be signed by the applicant and 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 application is made under this regulation;
- (d) a description of the work, as built, including—
- (i) the location of the higher-risk building;
- (ii) details of the use or intended use of the higher-risk building, including the use or intended use of each storey;
- (iii) the height of the higher-risk building as determined by regulation 4 of the 2023 Regulations;
- (iv) the number of storeys in the higher-risk building as determined by regulation 5 of the 2023 Regulations;
- (v) the number of flats, the number of residential rooms and the number of commercial units contained in the higher-risk building;
- (vi) the provision made for the drainage of the higher-risk building;
- (vii) where paragraph H4 of Schedule 1 to the 2010 Regulations imposes a requirement, the precautions taken in building over a drain, sewer or disposal main to comply with the requirements of that paragraph;
- (viii) the steps taken to comply with any local enactment that applies;
- (e) a statement, signed by the client, confirming that to the best of the client’s knowledge—
- (i) in the case of HRB work, the higher-risk building, as built, complies with all applicable requirements of the building regulations;
- (ii) in the case of a stage of HRB work, the stage, as built, complies with all applicable requirements of the building regulations;
- (iii) in the case of work to existing HRB, the work, as built, complies with all applicable requirements of the building regulations;
- (f) a statement, signed by both the client and the responsible person, confirming that the information to be provided to the responsible person under regulation 37 has been given and the responsible person has received the information.
- (2) A completion certificate application must be accompanied by—
- (a) a notice stating the date on which the building work was completed;
- (b) a plan to a scale of not less than 1:1250 showing—
- (i) the size and position of the higher-risk building and its relationship to adjoining boundaries;
- (ii) the boundaries of the curtilage of the building, and the size, position and use of every other building within the curtilage;
- (iii) the width and position of any street on or within the boundaries of the curtilage of the building;
- (c) any other plans that are necessary to show that the HRB work, a stage of HRB work or work to existing HRB complies with all applicable requirements of the building regulations;
- (d) the following agreed documents—
- (i) the construction control plan;
- (ii) the change control plan;
- (iii) the mandatory occurrence reporting plan;
- (iv) a list of all reports entered in the mandatory occurrence reporting system;
- (v) the Building Regulations compliance statement;
- (vi) a fire and emergency file,
or, where regulation 12(3) applies, such of the documents referred to in paragraphs (i) to (v) as were approved under regulation 15;
- (e) a copy of the change control log updated to show all the changes for the project required by these Regulations to be included in the log;
- (f) subject to paragraph (3), a compliance declaration signed by—
- (i) each principal contractor (or sole contractor) for the HRB work, the stage of HRB work or work to existing HRB, and
- (ii) each principal designer (or sole or lead designer) for the HRB work, the stage of HRB work or work to existing HRB,
if such a statement was not already provided to the building control authority, in relation to that part of the work, under regulation 29;
- (g) 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) Where a client is unable to ensure the person referred to in paragraph (2)(f) provides a compliance declaration, the completion certificate application must be accompanied by a statement by the client giving the reasons why the declaration has not been provided.
- (4) The requirements of this regulation do not apply to work to existing HRB which consists only of—
- (a) scheme work,
- (b) exempt work, or
- (c) work to which regulation 10 (notification of emergency repairs to existing HRB) applies.
- (5) In this regulation, “compliance declaration” means a document, signed by the principal contractor (or sole contractor) or the principal designer (or sole or lead designer) to which the declaration relates, that includes—
- (a) the name, address, telephone number and (if available) email address of that person,
- (b) the dates of their appointment, and
- (c) a statement confirming—
- (i) 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 Regulations120;
- (ii) 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 Regulations121.
Completion certificate applications: time limit
40
- (1) Where the building control authority receives a completion certificate application in relation to HRB work, a stage of HRB work or work to existing HRB which is valid, the building control authority must—
- (a) determine it within 8 weeks beginning with the date the application is received by the building control authority, or
- (b) within such longer period as at any time the building control authority and the applicant agree in writing.
- (2) A completion certificate application is valid if it complies with regulation 39.
Completion certificate applications: consultation
41
- (1) Before determining a completion certificate application, the building control authority must consult—
- (a) the enforcing authority for the building where the work is—
- (i) HRB work or a stage of HRB work,
- (ii) category A work, or
- (iii) category B work and Part B of Schedule 1 to the 2010 Regulations imposes requirements in relation to the work, and
- (b) the sewerage undertaker for the building where paragraph H4 of Schedule 1 to the 2010 Regulations imposes requirements in relation to the work.
- (2) Where the building control authority is required to consult a person under this regulation the building control authority—
- (a) must give the person sufficient plans to show whether the work, as built, complies with—
- (i) in the case of the enforcing authority, the applicable requirements of Part B (fire safety) of Schedule 1 to the 2010 Regulations, and
- (ii) in the case of the sewerage undertaker, the requirements of paragraph H4 of Schedule 1 to the 2010 Regulations;
- (b) must not determine the application until the end of 15 working days beginning with the date the consultation starts or such longer period as the building control authority and the person consulted agree in writing.
- (3) In relation to the consultation under paragraph (1)(a), the plans must include—
- (a) the fire and emergency file, or
- (b) for category B work, the fire safety compliance information.
- (4) If all persons consulted express their views before the end of the period referred to in paragraph (2)(b), the prohibition against determining the application ceases to apply on the day after the date on which the last view is received by the building control authority.
- (5) The building control authority is not required to consult under this regulation where it is satisfied following consideration of the application there are sufficient grounds to reject the application.
- (6) In this regulation “category A work” and “category B work” have the meaning given in regulation 12(6).
Completion certificate applications: inspection
42
Before determining a completion certificate application the building control authority must inspect the completed HRB work, stage of HRB work or work to existing HRB to assess whether the work complies with all applicable requirements of the building regulations.
Completion certificate applications: decisions
43
- (1) The building control authority must approve a completion certificate application and issue a completion certificate, if it is satisfied, after taking all reasonable steps, that—
- (a) HRB work, stage of HRB work or work to existing HRB is completed and complies with all applicable requirements of the building regulations;
- (b) the documents and information listed in regulation 39(2)(a) to (f) and submitted as part of the completion certificate application are complete and accurate;
- (c) the information required to be provided to the responsible person under regulation 37 is complete and has been provided.
- (2) If the building control authority is not satisfied under paragraph (1) it must reject the completion certificate application.
- (3) The building control authority must notify the applicant of the outcome of the application (and where the applicant is not the client, also give a copy of the notification to the client) within the period referred to in regulation 40(1).
- (4) A notice that the application has been rejected must give the reasons for rejection.
- (5) If the application is approved the building control authority must issue a completion certificate for the higher-risk building at the same time as giving the notice of its decision under paragraph (3).
- (6) The building control authority must send a copy of the certificate issued under this regulation to the local authority for the area in which the building is situated.
- (7) A certificate issued under this regulation is evidence (but not conclusive evidence) that all applicable requirements of the building regulations have been complied with in relation to the HRB work, the stage of HRB work or the work to existing HRB.
- (8) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (7).
- (9) When the completion certificate application is approved, the client must ensure the responsible person is sent—
- (a) a copy of the completion certificate application and each of the documents which accompanied the application, and
- (b) a copy of the completion certificate.
Partial completion certificates
44
- (1) This regulation applies where—
- (a) HRB work or a stage of HRB work is being carried out in relation to a building and the building (or any part of it) is to be occupied before completion of the work;
- (b) work to existing HRB is being carried out in relation to a building and before completion of the work—
- (i) any part of the building which ceased to be occupied in order for the work to be carried out is to be re-occupied, or
- (ii) any new unit created by the work is to be occupied before completion of the work.
- (2) Where this regulation applies before the occupation referred to in paragraph (1), the client must make an application for a completion certificate in relation to part of the work for the building (“partial completion certificate application”) in writing to the building control authority, signed by the client.
- (3) A partial completion certificate application 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 application is made under this regulation;
- (d) a plan showing the part of the building to which the application relates indicating the intended use of that part and the location of the flats (if any) to be occupied or residential rooms (if any) to be occupied;
- (e) a description of the part of the HRB work, the stage of HRB work or work to existing HRB that remains to be completed after the date on which the application is made;
- (f) a description of the part of the HRB work, the stage of HRB work or work to existing HRB to which the application relates, including—
- (i) the location of the higher-risk building;
- (ii) details of the use or intended use of the higher-risk building, including the use or intended use of each storey;
- (iii) the height of the higher-risk building as determined by regulation 4 of the 2023 Regulations;
- (iv) the number of storeys in the higher-risk building as determined by regulation 5 of the 2023 Regulations;
- (v) the number of flats, the number of residential rooms and the number of commercial units contained in the higher-risk building;
- (vi) the provision made for the drainage of the higher-risk building;
- (vii) where paragraph H4 of Schedule 1 to the 2010 Regulations imposes a requirement, the precautions taken in building over a drain, sewer or disposal main to comply with the requirements of the paragraph;
- (viii) the steps taken to comply with any local enactment that applies;
- (g) a statement, signed by the client, confirming that to the best of the client’s knowledge the part of the HRB work, the stage of HRB work or work to existing HRB to which the application relates complies with all applicable requirements of the building regulations;
- (h) a statement, signed by both the client and the responsible person, confirming that the information, as at the date on which the application is made, to be provided under regulation 37 has been given and the responsible person has received the information;
- (i) a statement setting out a detailed description of the proposed stages of the work (including an estimate of the time when each stage of the work will start).
- (4) A partial completion certificate application must be accompanied by—
- (a) a plan to a scale of not less than 1:1250 showing—
- (i) the size and position of the higher-risk building, together with the part of the HRB work, the stage of HRB work or work to existing HRB to which the application relates, and the building’s relationship to adjoining boundaries;
- (ii) the boundaries of the curtilage of the building, and the size, position and use of every other building within the curtilage;
- (iii) the width and position of any street on or within the boundaries of the curtilage of the building;
- (b) any other plans that are necessary to show that the part of the HRB work, the stage of HRB work or work to existing HRB to which the application relates complies with all applicable requirements of the building regulations;
- (c) the following agreed documents—
- (i) the construction control plan;
- (ii) the change control plan;
- (iii) a mandatory occurrence reporting plan;
- (iv) a list of all reports entered in the mandatory occurrence reporting system;
- (v) the Building Regulations compliance statement;
- (vi) a fire and emergency file;
or, where regulation 12(3) applies, such of the documents referred to in paragraphs (i) to (vi) as were approved under regulation 15;
- (d) a copy of the change control log updated, up to the date on which the application is made, to show all the changes for the project required by these Regulations to be included in the log;
- (e) subject to paragraph (5), a compliance declaration signed by—
- (i) each principal contractor (or sole contractor) for the HRB work, the stage of HRB work or work to existing HRB, and
- (ii) each principal designer (or sole or lead designer) for the HRB work, the stage of HRB work or work to existing HRB,
if such a statement was not already provided to the building control authority, in relation to that part of the work, under regulation 29;
- (f) a partial completion strategy;
- (g) 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.
- (5) Where a client is unable to ensure the person referred to in paragraph (4)(e) provides a compliance declaration, the partial completion certificate application must be accompanied by a statement by the client giving the reasons why the declaration has not been provided.
- (6) Where the building control authority receives a partial completion certificate application which is valid, the building control authority must determine it—
- (a) within 8 weeks beginning with the date the application is received by the building control authority, or
- (b) within such longer period as at any time the building control authority and the applicant agree in writing.
- (7) A partial completion certificate application is valid if it complies with paragraphs (2) to (5).
- (8) Before determining a partial completion certificate application, the building control authority must—
- (a) comply with regulation 41(1) to (3), as modified by paragraph (9);
- (b) comply with regulation 42, as modified by paragraph (9).
- (9) Regulations 41 and 42 and Schedule 1 have effect with the following modifications—
- (a) any reference to as built is to be treated as a reference to as completed at the date on which the application is made;
- (b) any reference to HRB work is to be treated as a reference to the part of the HRB work to which the application relates;
- (c) any reference to work to existing HRB is to be treated as a reference to the part of work to existing HRB to which the application relates;
- (d) any reference to a higher-risk building is to be treated as a reference to the building to which the HRB work, the stage to HRB work or work to existing HRB is being carried out.
- (10) The building control authority must approve the partial completion certificate application and issue a partial completion certificate if it is satisfied, after taking all reasonable steps, that—
- (a) the part of the HRB work or work to existing HRB which the application relates complies with all applicable requirements of the building regulations and the part of the building to be occupied before completion of the HRB work or work to existing HRB complies with all applicable requirements of the building regulations;
- (b) the documents and information listed in paragraphs (3) and (4) and submitted as part of the application are complete and accurate;
- (c) the information, as to the date on which the application is made, to be provided to the responsible person under regulation 37 has been given.
- (11) If the building control authority is not satisfied under paragraph (10) it must reject the partial completion certificate application.
- (12) The building control authority must notify the applicant of the outcome of the application (and where the applicant is not the client, also give a copy of the notification to the client) within the period referred to in paragraph (6).
- (13) A notice that the application has been rejected must give reasons for rejection.
- (14) If the application is approved the building control authority must issue a partial completion certificate for the building at the same time as giving the notice of its decision under paragraph (12).
- (15) The building control authority must send a copy of the certificate issued under this regulation to the local authority for the area in which the building is situated (if this is a different local authority).
- (16) A certificate issued under this regulation is evidence (but not conclusive evidence) that all applicable requirements have been complied with in relation to the part of the HRB work or work to existing HRB to which the certificate relates.
- (17) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (16).
- (18) When the partial completion certificate application is approved, the client must ensure the responsible person is sent—
- (a) a copy of the partial completion certificate application and each of the documents which accompanied the application, and
- (b) a copy of the partial completion certificate.
- (19) The requirements of this regulation do not apply to work to existing HRB which consists only of—
- (a) scheme work,
- (b) exempt work, or
- (c) work to which regulation 10 (notification of emergency repairs to existing HRB) applies.
PART 6 — Inspections etc., regularisation, review of decisions, appeals and section 30A procedures etc.
Inspections etc.
45
The building control authority for any building or proposed building in relation to that building or proposed building may take such steps as it considers appropriate to check compliance with all applicable requirements of the building regulations, including—
- (a) requiring information;
- (b) requiring the laying open of building work for inspection by the building control authority;
- (c) requiring an inspection to be undertaken and the record of the inspection provided.
Regularisation of unauthorised building work
46
- (1) This regulation applies where it appears to the building control authority that unauthorised building work has been carried out on or after 11 November 1985.
- (2) Where this regulation applies, the owner (in this regulation referred to as “the applicant”) may make an application in writing to the building control authority in relation to the unauthorised building work (“regularisation certificate application”).
- (3) No regularisation certificate application may be made where unauthorised building work is a major change.
- (4) The regularisation certificate application must be accompanied by—
- (a) a statement that the application is made under this regulation;
- (b) a description of the unauthorised building work;
- (c) a plan of the unauthorised building work;
- (d) where the application is made by someone on behalf of the owner, a statement signed by the owner confirming they agree to the application being made and that the information contained in the application is correct.
- (5) Where the building control authority receives a regularisation certificate application, it may require the applicant to take such steps as the building control authority thinks appropriate for the building control authority to ascertain whether additional building work may be required in order for the unauthorised building work to secure compliance with the requirements of the building regulations which were applicable to that work when it was carried out.
- (6) Where the building control authority is satisfied that additional building work is required to secure that the unauthorised building work satisfies the applicable requirements (taking account of any dispensation or relaxation given under sections 8 and 9 of, and Schedule 2 to, the 1984 Act), the building control authority must reject the application and an application for building control approval must be made in relation to the additional building work.
- (7) Where the building control authority is satisfied, after taking all reasonable steps for that purpose that—
- (a) the applicable requirements of the building regulations have been satisfied (taking account of any work carried out and any dispensation or relaxation given under sections 8 and 9 of, and Schedule 2 to, the 1984 Act), and
- (b) no additional building work is required to secure that the unauthorised building work satisfies the applicable requirements (taking account of any such dispensation or relaxation),
the building control authority may give a certificate to that effect.
- (8) The building control authority must send a copy of the certificate issued under this regulation to the local authority for the area in which the building is situated (if this is a different local authority).
- (9) A regularisation certificate is evidence (but not conclusive evidence) that the applicable requirements of the building regulations specified in the certificate have been complied with in relation to the work specified in the certificate.
- (10) Where a regularisation certificate is granted in relation to building work, Parts 2 to 5 of these Regulations cease to apply to that work.
- (11) Where a regularisation certificate is granted the applicant must, no later than 5 working days after the certificate has been received, give the building work information and a copy of the certificate to the responsible person, if any, for the part of the building in relation to which the work described in the certificate relates.
- (12) For the purposes of paragraph (11) the “building work information” is—
- (a) where Part B of Schedule 1 to the 2010 Regulations imposes a requirement in relation to the unauthorised building work, information relating to—
- (i) the design and construction of the building and the services, fittings and equipment provided in or in connection with the building;
- (ii) the design of the change of use and building work to implement it;
- (iii) the composition of materials used,
which will assist the responsible person to operate and maintain the building with reasonable safety;
- (b) where paragraph F1(1) of Schedule 1 to the 2010 Regulations imposes a requirement in relation to the unauthorised building work, sufficient information about the building’s ventilation system and its maintenance requirements so that the ventilation system can be operated in such a way as to provide adequate means of ventilation;
- (c) where paragraph L1 of Schedule 1 to the 2010 Regulations imposes a requirement in relation to the unauthorised building work, sufficient information about the building, the fixed building services and their maintenance requirements so that the building can be operated in such a way as to use no more fuel and power than is reasonable in the circumstances;
- (d) where paragraph L2 of Schedule 1 to the 2010 Regulations applies in relation to the unauthorised building work, sufficient information about the system for on-site electricity generation in respect of its operation and maintenance requirements so that the system may be operated and maintained in such a way as to produce the maximum electricity that is reasonable in the circumstances and delivers this electricity to the optimal place for use;
- (e) where Part O of Schedule 1 to the 2010 Regulations applies in relation to the unauthorised building work, sufficient information about the provision made under Part O so that the systems in place further to Part O can be operated in such a way as to protect against overheating.
- (13) In this regulation—
- “unauthorised building work” (“gwaith adeiladu anawdurdodedig”) means any building work in relation to a higher-risk building which is carried out without— a building control approval under regulation 7 or regulation 15 being granted by the building control authority; where the building work is a major change, a building control approval under regulation 24; where the building work is a notifiable change, a notification under regulation 18(3),
but work is not unauthorised building work to the extent that it consists only of scheme work or exempt work.
Appeal of decisions
47
- (1) The following decisions of the building control authority may be appealed to the Welsh Ministers—
- (a) a decision to reject—
- (i) a building control application for HRB work;
- (ii) a building control application for a stage of HRB work;
- (iii) a building control application for work to existing HRB;
- (iv) a change control application;
- (v) a completion certificate application;
- (vi) a partial completion certificate application;
- (vii) a regularisation certificate application;
- (b) a decision to specify a controlled change as being a major change or a notifiable change under regulation 25;
- (c) a decision to refuse a request to vary a requirement under regulation 30.
- (2) The persons who may appeal the decision referred to in paragraph (1) are—
- (a) in relation to a decision referred to in paragraph (1)(a), the person who made the application or the person on whose behalf the application was made;
- (b) in relation to a decision referred to in paragraph (1)(b), any person to who the building control authority gives notice under regulation 25;
- (c) in relation to a decision referred to in paragraph (1)(c), the client who made the request.
- (3) An appeal must be made to the Welsh Ministers within 15 working days beginning with the day after the day on which the decision referred to in paragraph (1) is notified to the person.
- (4) An appeal under paragraph (3) must contain the following information—
- (a) the name, address, telephone number and (if available) email address for the person giving the notice;
- (b) if the person giving the notice is doing so on behalf of a person who falls within the description in paragraph (2), the name and address of that person and a statement that the person giving the notice is authorised to give the notice on behalf of that person;
- (c) the address and, if applicable, the name of the building to which the decision referred to in paragraph (1) relates;
- (d) a statement which—
- (i) identifies the decision to be reviewed (including the date of the decision and any reference number included on the decision), and
- (ii) sets out the reasons the person considers the decision should be reviewed;
- (e) any information that is available to the person giving the notice, that may have been relevant to the building control authority’s decision but was not available at the time the decision was made.
- (5) The Welsh Ministers must notify the appellant of the outcome within 13 weeks beginning with the day after the day on which the Welsh Ministers receive the appeal.
- (6) A notice that the appeal has upheld the decision must give reasons for that decision.
- (7) If the appeal varies the decision the building control authority must issue a new decision.
Appeal in relation to Welsh Ministers’ decision
48
- (1) A person may appeal to the magistrates’ court against the decision of the Welsh Ministers in relation to an appeal of a decision of a kind referred to in regulation 47(1), provided that the appeal is made within 15 working days beginning with the day after the day on which the Welsh Ministers notify the person of their decision under regulation 47(5).
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