OpenLegislation

The Building etc. (Amendment) (No. 2) (Wales) Regulations 2026

W.S.I. 2026/112 · Made 14 July 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Welsh Statutory Instrument has been made in consequence of errors in S.I. 2025/1320 (W. 215), S.I. 2025/1321 (W. 216) and W.S.I. 2026/60, and is being issued free of charge to all known recipients of those Statutory Instruments.

BUILDING AND BUILDINGS, WALES

Made 14 July 2026

Coming into force 20 July 2026

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 1(1), 16 (1), 35 (2), 35D (1) to (3), 46A, 47, 50, 51A, 52 (3), 53A (6), 101A (3) (a) to (c) and (4) and 105B of, and paragraphs 1A, 1B, 1D, 1F, 1I, 5A to 5C, 7 and 10 of Schedule 1 to, the Building Act 1984f1 and sect ion 167(1) to (3) of the Building Safety Act 2022f2.

Before making these Regulations, the Welsh Ministers consulted the Building Regulations Advisory Committee for Wales and such other persons they consider appropriate in accordance with section 14 (7) of the Building Act 1984f3.

Annotations to the whole text

Footnotes

f1

1984 c. 55. Section 1 was amended by section 1 (1) to (3) of the Sustainable and Secure Buildings Act 2004 (c. 22) (“the 2004 Act”) and section 55 and paragraphs 1 and 2 of Schedule 5 to the Building Safety Act 2022 (c. 30) (“the 2022 Act”). Section 35D was inserted by section 38 (1) of the 2022 Act. Section 46A was inserted by section 44 of the 2022 Act. Section 47 was amended by sections 46 and 48 (2) of and paragraph 4 of Schedule 4 and paragraph 40 of Schedule 5 to the 2022 Act. Section 47 was also amended by section 8 (2) of the 2004 Act and article 3 (2) of S.I. 1996/1905. Section 50 was amended by sections 36 (4) and 49 (2) of and paragraph 6 of Schedule 4 and paragraph 8 of Schedule 6 to the 2022 Act, as well as article 3 (4) of S.I. 1996/1905. Section 51A was inserted by article 2 of S.I. 1996/1905 and was amended by sections 46 (2) and 48 (3) of and paragraph 8 of Schedule 4 and paragraph 42 of Schedule 5 to the 2022 Act. Section 53A was inserted by section 36 (7) of the 2022 Act. Section 52(3) was substituted by section 50 (3) of the 2022 Act. Section 101A was inserted by paragraph 30 of Schedule 6 to the 2022 Act. Section 105B was inserted by section 57 of the 2022 Act. Paragraphs 1A, 1B, 1D, 1F and 1I of Schedule 1 were inserted by section 33 of the 2022 Act. Paragraphs 5A and 5B of Schedule 1 were inserted by section 34 of the 2022 Act. Paragraph 5C of Schedule 1 was inserted by section 35 of the 2022 Act. Paragraph 10 of Schedule 1 was substituted by paragraph 83 (8) of Schedule 5 to the 2022 Act.

f2

2022 c. 30.

f3

Section 14(7) was amended by paragraph 17 (3) of Schedule 5 to the Building Safety Act 2022 (c. 30).

Contents

  1. 1Title, coming into force and application
  2. 2Amendments to the Building (Local Authority Charges) Regulations 2010
  3. 3Amendments to the Building Regulations 2010
  4. 4Amendment to the Building (Restricted Activities and Functions) (Wales) Regulations 2024
  5. 5Amendments to the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024
  6. 6Amendments to the Building etc. (Amendment) (No. 2) (Wales) Regulations 2025
  7. 7Amendments to the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025
  8. Signature
  9. Explanatory note

1Title, coming into force and application

(1)

The title of these Regulations is the Building etc. (Amendment) (No. 2) (Wales) Regulations 2026.

(2)

These Regulations come into force on 20 July 2026.

(3)

These Regulations apply in relation to Wales.

2Amendments to the Building (Local Authority Charges) Regulations 2010

(2)

In regulation 2—

(a)

in the definition of “local authority” omit “1984”;

(b)

in the definition of “relevant person”—

(i)

remove the “and” at the end of paragraph (b);

(ii)

after paragraph (b), insert—

“(ba)

in relation to a higher-risk building regularisation charge, the owner of the building; and”.

(3)

In regulation 5 (1)—

(a)

in sub-paragraph (a) (ii), after “the Principal Regulations,” insert

“or

(iii)

the granting or rejection of an application made to the local authority under regulation 4 or 12 of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025f2,”;

(b)

in sub-paragraph (b) (ii), after “the Principal Regulations,” insert

“or

(iii)

an application has been granted under regulation 7 or 15 of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025,”;

(c)

after sub-paragraph (e), insert—

“(ea)

the consideration of an application under regulation 46 of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 and the inspection of any building work to which that application relates (a “higher-risk building regularisation charge”);”.

(4)

In regulation 7 (5) (ja), omit “for building control approval”.

(5)

In regulation 8 (1)—

(a)

for sub-paragraph (a), substitute—

“(a)

any plan charge shall be payable when—

(i)

in relation to plans of building work, the plans are deposited with the authority;

(ii)

in relation to an application, the application is made to the authority;”;

(b)

after sub-paragraph (e), insert—

“(ea)

any higher-risk building regularisation charge shall be payable at the time of the application to the authority in accordance with regulation 46 of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025;”.

(6)

In regulation 8 (2)—

(a)

omit “for building control approval”;

(b)

after “are not” insert “, in the case of plans,”;

(c)

after “or” in the third place it occurs, insert “, in the case of an application,”;

(d)

after “Principal Regulations”, in the first place it occurs, insert “or the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 (as appropriate)”.

(7)

In regulation 8 (3) (b), omit “for building control approval”.

(8)

In regulation 11—

(a)

in paragraph (1)—

(i)

omit “for building control approval”;

(ii)

after “the Principal Regulations” insert “or the period required under the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 (as appropriate)”;

(b)

in paragraph (2)—

(i)

omit “for building control approval”;

(ii)

for “or the Principal Regulations” substitute “, the Principal Regulations, or the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 (as appropriate)”;

(c)

in paragraph (6)—

(i)

omit “for building control approval”;

(ii)

after “the Principal Regulations” insert “or the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 (as appropriate)”.

(9)

In regulation 14 (1), for “Building Regulations 2010” substitute “Principal Regulations”.

3Amendments to the Building Regulations 2010

(1)

The Building Regulations 2010f1 are amended as follows.

(2)

In regulation 2 (1)—

(a)

in the definition of “principal designer”, in paragraph (b), for “contractor” substitute “designer”;

(b)

omit the definition of “working day”.

(3)

In regulation 11Z6, omit “working” in both places it occurs.

(4)

In regulation 14 (4) (b), omit “, (1A)”.

(5)

In regulation 14D (1) (c) (ii), for “oversight” substitute “input”.

(6)

In regulation 14E, omit “working” in both places it occurs.

(7)

In regulation 15B (4), omit “working” in both places it occurs.

(8)

In regulation 16—

(a)

omit “working” in both places it occurs;

(b)

in paragraph (2D), for “paragraph (2D)” substitute “paragraph (2C)”.

(9)

In regulation 18F, omit “working”.

(10)

In regulation 18G (1), omit “working”.

(11)

In regulation 18H, omit “working” in both places it occurs.

(12)

In regulation 18I—

(a)

omit “working” in the five places it occurs;

(b)

in paragraph (12), omit “workings”.

(13)

In regulation 27A (3) (a) (i)—

(a)

in sub-paragraph (aa), for “dwelling” substitute “building”;

(b)

in sub-paragraph (bb), for “dwelling” substitute “building”.

(14)

In regulation 27B—

(a)

in paragraph (2) (b), for “(1)” substitute “(i)”;

(b)

in paragraph (3) (b), after “sub-paragraphs (aa) to (cc)” insert “of sub-paragraph (a)(i)”.

(15)

In regulation 27C (2) (b), for “to (iii)” substitute “and (ii)”.

(16)

In regulation 38 (2C), omit “working” in both places it occurs.

(17)

In regulation 47 (a) (xi), for “(fabric energy efficiency rate calculations)” substitute “(primary energy rate calculations)”.

(18)

In regulation 47J (2), omit “working” in both places it occurs.

(19)

In regulation 47K (2) (d), omit “working”.

(20)

In regulation 47N (4), omit “working” in both places it occurs.

(21)

In regulation 47O (1), omit “working”.

(22)

In regulation 47P, for “under section 39A(3)” substitute “under section 39A(6)(a)”.

4Amendment to the Building (Restricted Activities and Functions) (Wales) Regulations 2024

In regulation 3 (2) of the Building (Restricted Activities and Functions) (Wales) Regulations 2024f1, for sub-paragraph (u) substitute—

“(u)

determining an application under regulation 43 of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 (completion certificate applications: decisions);”.

5Amendments to the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024

(2)

In regulation 2, at the appropriate place in alphabetical order, insert—

  • ““building control authority” (“awdurdod rheolaeth adeiladu”) has the meaning given by section 121A of the 1984 Act;”;

  • ““cesspool” (“carthbwll”) has the meaning given by section 126 of the 1984 Act;”;

  • ““drain” (“draen”) has the meaning given by section 126 of the 1984 Act;”;

  • ““higher-risk building work” (“gwaith adeilad risg uwch”) has the meaning given by section 120I(3) of the 1984 Act;”;

  • ““private sewer” (“carthffos breifat”) has the meaning given by section 126 of the 1984 Act;”;

  • ““registered building control approver” (“cymeradwywr cofrestredig rheolaeth adeiladu”) has the meaning given by section 58N of the 1984 Act;”;

  • ““sewer” (“carthffos”) has the meaning given by section 126 of the 1984 Act;”.

(3)

In regulation 5 (2), for “local authority” substitute “building control authority”.

(4)

In regulation 13A (7) (d), for “the Act” substitute “the 1984 Act” in each place it occurs.

(5)

In regulation 13B (1), for “the Act” substitute “the 1984 Act”.

(6)

In regulation 17A (2) (e), for “sole designer” substitute “sole or lead designer” in both places where it occurs.

(7)

In Schedule 1—

(a)

in Form 1(W), in paragraph 4(c)(ii), for “oversight” substitute “input”;

(b)

in Form 2(W), in paragraph 3(e)(ii), for “oversight” substitute “input”;

(c)

in Form 4(W), in paragraph 4(c)(ii), for “oversight” substitute “input”;

(d)

in the Welsh language text, in Ffurflen 10(C), in the section headed “NODIADAU”, for paragraph (6) substitute—

“(6)

: Dilëwch y datganiad hwn os nad yw’n gymwys. Os yw’n gymwys, nodwch ddarpariaeth(au) y rheoliadau adeiladu (gan gynnwys y gofyniad penodol) a dorrir.”

(8)

In Schedule 2—

(a)

in paragraph 6 (d), for “oversight” substitute “input”;

(b)

in paragraph 13, for “can” substitute “may”.

6Amendments to the Building etc. (Amendment) (No. 2) (Wales) Regulations 2025

(2)

In regulation 19 (b) (i), for “the Act” substitute “the Building Act 1984”.

(4)

After regulation 22, insert—

“Interpretation of Part 4

23

In this Part—

  • “building notice” (“hysbysiad adeiladu”) has the meaning given in regulation 2(1) of the 2010 Regulations;

  • “building work” (“gwaith adeiladu”) has the meaning given in regulation 3(1) of the 2010 Regulations;

  • “initial notice” (“hysbysiad cychwynnol”) means a notice given under section 47 of the Building Act 1984;

  • “plans” (“planiau”) has the meaning given in section 126 of the Building Act 1984;

  • “plans certificate” (“tystysgrif blaniau”) has the meaning given by section 50 (1) of the Building Act 1984.”

7Amendments to the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025

(2)

In regulation 2 (1)—

(a)

in the definition of “applicant”, for “where the context otherwise requires” substitute “in Part 6 of these Regulations (see regulations 46(2) and 50(1))”;

(b)

for the definition of “fire safety information”, substitute—

  • ““fire safety information” (“gwybodaeth am ddiogelwch tân”) means information relating to the following—

    1. (a)

      the design and construction of the building and the services, fittings and equipment provided in or in connection with the building;

    2. (b)

      the design of the material change of use and building work to implement it;

    3. (c)

      the composition of materials used;

    which will assist the responsible person to operate and maintain the building with reasonable safety;”;

(c)

at the appropriate place in alphabetical order, insert—

  • ““electronic facility” ("cyfleuster electronig") has the meaning given in regulation 31(13);”;

  • ““fixed building services” ("gwasanaethau sefydlog adeilad") has the meaning given in regulation 2(1) of the 2010 Regulations;”;

  • ““golden thread information” (“gwybodaeth llinyn aur") has the meaning given in regulation 31(13);”.

(3)

In regulation 9 (3), after “5” insert “working”.

(4)

In regulation 12 (1) (e) (i), in the Welsh language text, for “arfaethedig” substitute “bwriadedig”.

(5)

In regulation 15 (1) (a), for “regulation 12(1)(d)(viii)(bb)” substitute “regulation 12(1)(e)(viii)(bb)”.

(6)

In regulation 17 (3), after “5” insert “working”.

(7)

In regulation 18 (2), for “can” substitute “may”.

(8)

In regulation 24 (11), in the Welsh language text, after “ystyr” insert ““a bennir” a”.

(9)

In regulation 27 (4) (b) (i), for “paragraph (bb)” substitute “paragraph (ii)(bb)”.

(10)

In regulation 31 (1) (b) (ii), in the English language text, after “access to the” insert “electronic”.

(11)

In regulation 35 (1), for “32 to 34” substitute “31 to 34”.

(12)

In regulation 38 (9), omit the definition of “fire safety information”.

(13)

In regulation 44 (10) (b), for “paragraphs (2) and (3)” substitute “paragraphs (3) and (4)”.

(14)

In regulation 47—

(a)

in paragraph (4), for “A notice referred to in” substitute “An appeal under”;

(b)

in paragraph (5), for “person gives a notice under paragraph (2)” substitute “Welsh Ministers receive the appeal”.

(15)

In regulation 50 (1), after “in this Part” insert “, except in regulation 46,”.

(16)

In Schedule 2, paragraph 3, omit the definition of “fixed building service”.

Signature

Siân Gwenllian

Cabinet Minister for Local Government, Housing and Planning, one of the Welsh Ministers

14 July 2026

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Building (Local Authority Charges) Regulations 2010 (as they apply in relation to Wales) to further implement the Building Safety Act 2022 in respect of higher-risk buildings, to enable local authorities to make charges in relation to certain applications made under the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025. These Regulations also amend the following Regulations to correct minor and technical errors:

  • The Building (Local Authority Charges) Regulations 2010 (as they apply in relation to Wales);

  • The Building Regulations 2010 (as they apply in relation to Wales);

  • The Building (Restricted Activities and Functions) (Wales) Regulations 2024;

  • The Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024;

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

  • The Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff CF10 3NQ and is published on www.gov.wales.