# The Building etc. (Amendment) (Wales) Regulations 2026, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Building Regulations 2010 (“the 2010 Regulations”) as they apply in relation to Wales, the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 (“the RBCA Regulations”) and the Building (Restricted Activities and Functions) (Wales) Regulations 2024 (“the Restricted Activities and Functions Regulations”).
Regulation 3(1) of these Regulations amends the definition of “fixed building services” in regulation 2(1) of the 2010 Regulations to include fixed lifts, escalators or moving walkways in new buildings (but not in individual dwellings).
Regulation 3(2) of these Regulations revokes regulations 25A and 25B of the 2010 Regulations.
Regulations 3(3), 3(4) and 3(5) of these Regulations amend regulations 25D, 26C and 27C of the 2010 Regulations to apply an updated performance metric for dwellings to be measured against. References to “energy efficiency rating” are replaced by “energy use intensity rating”.
Regulation 3(6) of these Regulations amends Part L of Schedule 1 to the 2010 Regulations to add provision for the reduction of greenhouse gas emissions and inserts a new requirement so that when a dwelling or a building containing a dwelling is erected, a system for renewable electricity generation must be installed on-site, subject to specified limitations.
Regulation 4 makes consequential amendments to the 2010 Regulations to account for the new notice requirement made in regulation 5.
Regulation 5(2) inserts certain definitions into regulation 2 of the RBCA Regulations. Regulation 5(3) inserts a new regulation 17A into the RBCA Regulations which sets out the notice requirements on completion for works in which an initial notice has either ceased to be in force or has been cancelled and supervision of the works has reverted to the local authority.
Regulation 5(4) amends Form 10 (Notice of Cancellation by Person Carrying out the Work) contained in Schedule 1 to the RBCA Regulations. It provides for a declaration to be made where the person completing the form is subject to a serious contravention notice. Regulation 5(5) amends paragraph 12 of Schedule 2 to the RBCA Regulations to provide that a new initial notice cannot be given where an earlier initial notice has been cancelled by either the Registered Building Control Approver or the client and at such time the works are subject to a contravention notice.
Regulation 6 amends regulation 3(1)(a) of the Restricted Activities and Functions Regulations to include reference to the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 to ensure that checking plans in relation to higher-risk building work is also a restricted activity.
Regulation 7 substitutes regulation 20 of the Building etc. (Amendment) (No. 2) (Wales) Regulations 2025 which are transitional and saving provisions.
Regulation 8 of these Regulations contains transitional provisions. The changes in regulation 3 will not apply where building work on an individual building has been started in accordance with a relevant notification provision, provided that the building work on that building has already started, or is started within the period of 12 months after regulation 3 comes into force on 4 March 2027. The new regulation 17A, the amendments to Form 10 and the changes to paragraph 12 of Schedule 2 do not apply where an initial notice has been cancelled before 1 July 2026.
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.

---
Source: https://www.legislation.gov.uk/wsi/2026/60/note (the official version)
Page: https://openlegislation.uk/building-etc-amendment-wales-regulations-2026/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

