# The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025, Regulation 7: Amendments: applications for building control

Extent: E+W

(1) For regulation 14 substitute—
“Applications for building control approval with full plans: Wales
14. (1) An application for building control approval with full plans must be made in writing, signed by the person making the application (“the applicant”), and must include—
(a) the name, address, telephone number and (if available) email address of the applicant;
(b) where the applicant is not the client, the name, address, telephone number and (if available) email address of the client;
(c) where known at the date of the application, the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and the principal designer (or sole or lead designer);
(d) a statement—
(i) that the application is an application for building control approval with full plans given under regulation 12(2)(b);
(ii) whether the building is a building to which the Regulatory Reform (Fire Safety) Order 2005, applies or will apply after completion of the building work;
(e) where the work consists of work to an existing building, a description of the existing building including—
(i) details of the current use of the building, including the current use of each storey;
(ii) the height of the building;
(iii) the number of storeys in the building as determined under regulation 5 of the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023;
(f) a description of the proposed work, including—
(i) details of the intended use of the building, including the intended use of each storey;
(ii) the height of the building after the proposed work;
(iii) the number of storeys in the building after the proposed work as determined under regulation 5 of the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023;
(iv) the provision to be made for the drainage of the building;
(v) where paragraph H4 of Schedule 1 imposes a requirement, the precautions to be taken in the building over a drain, sewer or disposal main to comply with the requirements of that paragraph;
(vi) the steps to be taken to comply with any local enactment that applies;
(vii) a statement setting out—
(aa) the date when it is proposed the work will reach the point when it is to be regarded as commenced under regulation 46B (lapse of building control approval: commencement of work: Wales), and
(bb) where the work does not consist of work to which paragraph (2) or (3) of regulation 46B applies, details of the work where the client considers building control input is required.
(2) An application for building control approval with full plans must be accompanied by—
(a) (i) two copies of the full plans, or
(ii) where Part B of Schedule 1 (fire safety) imposes a requirement in relation to proposed building work, four copies of the full plans;
(b) where the application is made by someone on behalf of the client, a statement signed by the client confirming they agree to the application being made and that the information contained in the application is correct.
(3) Paragraph (2)(a)(ii) does not require the deposit of additional copies of plans where the proposed building work relates to the erection, extension or material alteration of a dwelling-house or flat.
(4) Plans are only full plans if they consist of—
(a) a description of the proposed building work, renovation or replacement of a thermal element, change to the building’s energy status or material change of use,
(b) the plans, particulars and statements required by paragraphs (1), (1A) and (2) of regulation 13,
(c) where paragraph H4 of Schedule 1 imposes a requirement, particulars of the precautions to be taken in building over a drain, sewer or disposal main to comply with the requirements of that paragraph, and
(d) any other plans which are necessary to show that the work would comply with these Regulations.”
(2) After regulation 14C insert—
“Determination of applications for building control approval with full plans: Wales
14D. (1) Where an application for building control approval with full plans is made under regulations 12(2)(b) and 14, the building control authority must grant the application for building control approval unless the application (including the plans or other documents which accompany it)—
(a) does not comply with the requirements of regulation 14 (applications for building control approval with full plans: Wales);
(b) is not sufficiently detailed in any respect to allow the building control authority to determine whether the proposed work would contravene any applicable requirement of the building regulations;
(c) shows that—
(i) the proposed work would contravene any applicable requirements of these Regulations, or
(ii) where the statement regarding commencement includes the client’s assessment of when building control input is required, the building control authority is of the opinion that oversight will be required at a different point, be that earlier or later, than the point described in the application.
(2) If the application for building control approval with full plans (or any plans or other documents which accompany it) is defective or shows that the proposed work would contravene any requirement of these Regulations, the building control authority may—
(a) reject the application, or
(b) subject to paragraph (4), grant the application for building control approval subject to either or both of the requirements set out in paragraph (3).
(3) The requirements mentioned in paragraph (2) are—
(a) that such modifications as the building control authority may specify must be made in the full plans, and
(b) that such further plans as the building control authority may specify must be provided before work to which those plans relate starts.
(4) A building control authority may only grant an application for building control approval with full plans subject to a requirement in paragraph (3) if the person making the application (“the applicant”)—
(a) has requested in writing the authority does so, or
(b) has consented in writing to the authority doing so.
(5) The duty in paragraph (1) is subject to any provision in sections 19 to 25 of the Act which expressly requires or authorises the building control authority to reject an application for building control approval.
(6) The building control authority must notify the applicant of the outcome of the application within 5 weeks beginning with the date the application is received by the building control authority, or within such longer period as at any time the authority and the applicant agree in writing.
(7) A failure by the building control authority to notify the applicant under paragraph (6) is not to be treated as a grant of the application or a rejection of the application.
(8) A notice that the application under paragraph (1) is rejected must give the reasons for the rejection.
(9) A notice that the application is granted subject to a requirement must specify the requirement imposed.
(10) Where the application for building control approval with full plans is successful the effect is that the building control approval is granted.
Appeal against a building control authority’s rejection of an application for building control approval: Wales
14E. (1) A person (“the appellant”) who has made an application for building control approval with full plans to a building control authority may appeal to the Welsh Ministers against the decision of the building control authority to reject the application provided the appeal is made within 15 working days beginning with the day after the day on which the building control authority notifies the person under regulation 14D(6) (determination of applications for building control approval with full plans: Wales).
(2) The Welsh Ministers may allow an appeal under paragraph (1) only if they are satisfied that the decision appealed against was wrong on one or more of the following grounds—
(a) that the decision was based on 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.
(3) If the Welsh Ministers allow an appeal they may quash or vary the decision.
(4) A person aggrieved with the decision of the Welsh Ministers on an appeal under this regulation may appeal that decision to the magistrates’ court within 15 working days, beginning with the day after the day on which the Welsh Ministers notifies the person of their decision.
(5) The magistrates’ court may allow an appeal referred to in paragraph (4) 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 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.
(6) If the magistrates’ court allows an appeal it may quash or vary the decision.”

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Source: https://www.legislation.gov.uk/wsi/2025/1320/regulation/7 (the official version)
Page: https://openlegislation.uk/building-etc-amendment-no-2-wales-regulations-2025/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

