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

W.S.I. 2024/1268 · Made 28 November 2024 · Extends to England and Wales

Not fully up to date. 45 changes made by later legislation have not yet been written into this text, which is revised to 1 July 2025.

See the changes not yet applied
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Building And Buildings, Wales

Made 28 November 2024

Laid before Senedd Cymru 3 December 2024

Coming into force 1 January 2025

The Welsh Ministers make these Regulations in exercise of the powers conferred on them by sections 1(1)f1, 2Af2, 34, 35, 47(1)f3, (2), (3), (4)f4 and (5)f5, 50(1A), (1D)f6, (4)f7, (6), and (7)f8, 51(1)f9 and (2), 51A(2)f10, (3), (5) and (6), 52(1)f11, (2) and (4), 53(2), (4), (4B)f12, (4C)f13, and (7), 53B(5)f14, (2)f15, (3)f16, (5)f17, (5A)f18 and (7)f19, 52A(1)f20, 53C(3)f21 and (6), 53D(2)f22, (3), (5), 54(1)f23, (2) and (3), 56(1)f24, 58C(5), 58O(4), 58U(4), 58V(4)f25, and 92(2)f26 of, and paragraphs 1f27, 1A, 1D, 1F, 1G, 1H, 1If28, 5Bf29, 7f30, 8f31 and 10f32 of Schedule 1 and paragraphs 1, 2f33, 3 , 4( and 5 of Schedule 4 to, the Building Act 1984f34 and sections 41 and 167(1) of the Building Safety Act 2022f35.

The Welsh Ministers have, in accordance with section 14(7) of the 1984 Act, consulted the Building Regulations Advisory Committee for Wales.

Annotations to the whole text

Footnotes

f1

Section 1(1) was amended by section 1(1), (2) and (3) of the Sustainable and Secure Buildings Act 2004 (c. 22) (“the 2004 Act”) and paragraphs 1, 2(1) and (2) of Schedule 5 to, the Building Safety Act 2022 (c. 30) (“the 2022 Act”). See the definitions of “appropriate national authority” and “prescribed” in section 126 of the Building Act 1984 (c. 55) (“the 1984 Act”).

f2

Section 2A was inserted by section 4(1) of the 2004 Act.

f3

Section 47(1) was amended by article 3(2)(a) of S.I. 1996/1905 and was subsequently amended by section 8(2) of the 2004 Act and sections 46(1), 48(1) and (2)(a) of, and paragraphs 1 and 4(1) and (2) of Schedule 4 to, the 2022 Act. Section 47(4) was amended by sections 46(4) and 51(3) of the 2022 Act.

f4

Section 47(4) was amended by sections 46(4) and 51(3) of the 2022 Act.

f5

Section 47(5) was amended by section 43 of, and paragraphs 1, 4(1) and (3) of Schedule 4 to, the 2022 Act.

f6

Section 50(1A) to (1D) was substituted for section 50(1) by section 49(1) and (2)(a) of the 2022 Act.

f7

Section 50(4) was amended by section 49(2)(b) of the 2022 Act.

f8

Section 50(7) was amended by section 170(4) of, and paragraphs 1 and 6 of Schedule 4, to the 2022 Act.

f9

Section 51(1) was substituted by article 4 of S.I. 1996/1905 and subsequently amended by section 43 of, and paragraphs 1 and 7 of Schedule 4, to the 2022 Act.

f10

Section 51A was inserted by article 2 of S.I. 1996/1905 and subsection (2) was subsequently amended by sections 43 and 48(1) and (3) of, and paragraphs 1 and 8 of Schedule 4 to, the 2022 Act.

f11

Section 52(1) was amended by sections 50(1) and (2) of, and paragraphs 1 and 10(2) of Schedule 4 to, the 2022 Act and by article 3(6)(a) of S.I. 1996/1905.

f12

Section 53(4B) was inserted by section 52(1) of 2022 Act.

f13

Section 53(4C) was inserted by section 52(1) of the 2022 Act.

f14

Section 53B was inserted by section 51(2) of 2022 Act.

f15

Section 52(2) was amended by section 8 of the 2004 Act and paragraphs 1 and 10(3) of Schedule 4 to, the 2022 Act.

f16

Section 52(3) was substituted by section 50(3) of 2022 Act.

f17

Section 52(5) has been repealed in respect of England only.

f18

Section 52(5A) was inserted by section 50(5) of the 2022 Act.

f19

Section 52(7) was inserted by section 50(6) of the 2022 Act.

f20

Section 52A was inserted by section 46(3) of the 2022 Act.

f21

Section 53C was inserted by section 51(2) of the 2022 Act.

f22

Section 53D was inserted by section 51(2) of the 2022 Act.

f23

Section 54(1) was amended by section 55(a) of, and paragraphs 1 and 46(1) and (2) of Schedule 5 to, the 2022 Act.

f24

Section 56(1) was amended by section 56(3) of the 2022 Act and by article 3(9) of S.I. 1996/1905.

f25

Sections 58C, 58O, 58U and 58V were inserted by section 42 of the 2022 Act.

f26

Section 92(2) was amended by section 55(a) of, and paragraphs 1 and 57(1) and (3)(a) of Schedule 5 to, the 2022 Act.

f27

Paragraph 1 was amended by paragraph 83 of Schedule 5 to the 2022 Act.

f28

Paragraphs 1A to 1I of Schedule 1 were inserted by section 33 of the 2022 Act.

f29

Paragraph 5B of Schedule 1 was inserted by section 34 of the 2022 Act.

f30

Paragraph 7 of Schedule 1 was amended by section 3 of the 2022 Act and by section 11 of the Climate Change and Sustainable Energy Act 2006 (c. 19).

f31

Paragraph 8 of Schedule 1 was amended by section 3 of the 2004 Act, paragraph 83 of Schedule 5 to the 2022 Act and by section 40 of the Flood and Water Management Act 2010 (c. 29).

f32

Paragraph 10 of Schedule 1 was substituted by section 83 of the 2022 Act.

f33

Paragraph 2(1) of Schedule 4 was substituted by section 49(1) and (3)(a) of the 2022 Act.

f34

1984 c. 55.

f35

2022 c. 30.

Contents

  1. Part 1: General
  2. 1Title, coming into force and application
  3. 2Interpretation
  4. Part 2: Registered building control approvers
  5. 3Independence of approvers
  6. 4Functions of approvers
  7. 5Modification of the 2010 Regulations etc.
  8. Part 3: Notices and certificates etc.
  9. 6Form, grounds and period for rejecting initial notice
  10. 7Form, grounds and period for rejecting amendment notice
  11. 8Consultation with the fire and rescue authority
  12. 9Consultation with the sewerage undertaker
  13. 10Form, grounds and period for rejecting plans certificate
  14. 11Effect of plans certificate
  15. 12Form, grounds and period for rejecting final certificate
  16. 13Form of notice under section 51C of the 1984 Act
  17. 14Events causing initial notice to cease to be in force
  18. 15Cancellation of initial notice: forms etc.
  19. 16Cancellation of initial notice: notice of contravention of building regulations
  20. Part 4: Transfer of projects back to local authority
  21. 17Local authority powers in relation to partly completed work
  22. 18Periods within which information on work to which an initial notice relates must be provided
  23. Part 5: Transfer of projects to another approver
  24. 19Section 53(7): prescribed provision
  25. 20Information to be included in transfer certificates
  26. 21Period for consideration of transfer certificate and report by local authority
  27. 22Grounds for rejection of a transfer certificate and transfer report
  28. 23Cases where a further initial notice may be given after cancellation of an initial notice under section 53D
  29. Part 6: Public Bodies
  30. 24Approval of public bodies
  31. 25Form, grounds and period for rejecting public body’s notice
  32. 26Public body’s consultation with the fire and rescue authority
  33. 27Public body’s consultation with the sewerage undertaker
  34. 28Form, grounds and period for rejecting public body’s plans certificate
  35. 29Effect of public body’s plans certificate
  36. 30Form, grounds and period for rejecting public body’s final certificate
  37. 31Events causing public body’s notice to cease to be in force
  38. Part 7: Registers of notices etc.
  39. 32Register of notices and certificates
  40. 33Registration periods
  41. 34Contravention of professional conduct rules
  42. 35Interim suspension for suspected serious contravention
  43. 36Appealing a decision made by the Welsh Ministers
  44. Part 8: Miscellaneous
  45. 37Contravention of certain regulations not to be an offence
  46. 38Consequential amendment to the Regulatory Reform (Fire Safety) Order 2005
  47. 39Consequential amendments to the Building (Local Authority Charges) Regulations 2010
  48. 40Consequential amendment to the 2010 Regulations
  49. 41Consequential amendments to the Building (Restricted Activities and Functions) (Wales) Regulations 2024
  50. 42Revocations, transitional and savings provisions
  51. Signature
  52. Schedule 1Forms
  53. Schedule 2: Grounds for rejecting an initial notice, an amendment notice, or a plans certificate combined with an initial notice
  54. 1Form
  55. 2Wrong local authority
  56. 3Capacity of approver
  57. 4Paragraph 4
  58. 5Breach of section 54B
  59. 6Information about the proposed work
  60. 7Fire and rescue authority
  61. 8Sewerage undertaker
  62. 9Independence
  63. 10Drain connection
  64. 11Local enactments
  65. 12Earlier notice
  66. Schedule 3: Grounds for rejecting a plans certificate or plans certificate combined with an initial notice
  67. 1Form
  68. 2Wrong local authority
  69. 3Work
  70. 4Plans
  71. 5No initial notice
  72. 6Capacity of approver
  73. 7Breach of section 54B
  74. 8Fire and rescue authority
  75. 9Sewerage undertaker
  76. 10Independence
  77. Schedule 4: Grounds for rejecting a final certificate
  78. 1Form
  79. 2Wrong local authority
  80. 3Work
  81. 4No initial notice
  82. 5Capacity of approver
  83. 6Breach of section 54B
  84. 7Lack of fire safety information confirmation
  85. 8Independence
  86. Schedule 5: Grounds for rejecting a transfer certificate and transfer report
  87. 1Required information
  88. 2Paragraph 2
  89. 3Wrong local authority
  90. 4No initial notice
  91. 5Capacity of approver
  92. 6Breach of section 54B
  93. 7Earlier notice
  94. 8Local authority action
  95. 9Failure to provide information requested
  96. 10Failure to comply with prescribed timescales
  97. Schedule 6: Grounds for rejecting a public body’s notice, or a combined public body’s notice and plans certificate
  98. 1Form
  99. 2Wrong local authority
  100. 3Capacity of public body
  101. 4Fire and rescue authority
  102. 5Sewerage undertaker
  103. 6Drain connection
  104. 7Local enactments
  105. Schedule 7: Grounds for rejecting a public body’s plans certificate, or a combined public body’s notice and plans certificate
  106. 1Form
  107. 2Work
  108. 3Plans
  109. 4No public body’s notice
  110. 5Capacity of public body
  111. 6Fire and rescue authority
  112. 7Sewerage undertaker
  113. Schedule 8: Grounds for rejecting a public body’s final certificate
  114. 1Form
  115. 2Work
  116. 3Capacity of public body
  117. 4No proper signature
  118. 5Fire and rescue authority
  119. 6Sewerage undertaker
  120. Explanatory note