Regulation 17 Amendments to the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024I1

The Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024^f1 are amended as follows.

In regulation 4(2)(a), after paragraph (iii), insert “(iiia) Part 2B – Wales (dutyholders and competence)”.

In regulation 5 (modification of the 2010 Regulations etc.)—

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^f2.

(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.”

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”.

After regulation 13 (form of notice under section 51C of the 1984 Act) insert—

“Notice before starting work and further notice when work is “commenced” etc.

13A.

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(a)

that the decision was based on an error of fact;

(b)

that the decision was wrong in law;

(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.

Lapse of initial notice: commencement of work

13B.

(1)

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

(2)

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—

  1. (a)

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

  2. (b)

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

  3. (c)

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

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

  1. (a)

     a shop or shopping centre;

  2. (b)

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

  3. (c)

     a stadium, theatre, cinema, concert hall;

  4. (d)

     a sports ground;

  5. (e)

     an exhibition hall or conference centre;

  6. (f)

     a hospital or premises for the provision of healthcare.

Notifying a Registered Building Control Approver of a change in dutyholders

13C.

(1)

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

(2)

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

(a)

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

(b)

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

(c)

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

(3)

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

(a)

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

(b)

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

(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.

Compliance declaration to be given to Registered Building Control Approvers

13D.

(1)

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

(a)

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

(b)

the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and the principal designer (or sole or lead designer);

(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.”

In regulation 16 (cancellation of initial notice: notice of contravention of building regulations)—

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”.

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.”

In regulation 37 (contravention of certain regulations not to be an offence)—

In regulation 42(1) (revocations, transitional and savings provisions) substitute “Parts 2 – 5” for “Parts 1 – 6”.

In Schedule 1—

In Schedule 2 (grounds for rejecting an initial notice, an amendment notice, or a plans certificate combined with an initial notice)—

In paragraph 9 of Schedule 3 in the Welsh language text for, “yr apelydd” substitute “y cymeradwywr”.