The Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024
W.S.I. 2024/1268 · Made 28 November 2024 · Extends to England and Wales
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
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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
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Section 2A was inserted by section 4(1) of the 2004 Act.
- f3
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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
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Section 47(4) was amended by sections 46(4) and 51(3) of the 2022 Act.
- f5
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Section 47(5) was amended by section 43 of, and paragraphs 1, 4(1) and (3) of Schedule 4 to, the 2022 Act.
- f6
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Section 50(1A) to (1D) was substituted for section 50(1) by section 49(1) and (2)(a) of the 2022 Act.
- f7
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Section 50(4) was amended by section 49(2)(b) of the 2022 Act.
- f8
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Section 50(7) was amended by section 170(4) of, and paragraphs 1 and 6 of Schedule 4, to the 2022 Act.
- f9
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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
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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
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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
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Section 53(4B) was inserted by section 52(1) of 2022 Act.
- f13
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Section 53(4C) was inserted by section 52(1) of the 2022 Act.
- f14
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Section 53B was inserted by section 51(2) of 2022 Act.
- f15
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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
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Section 52(3) was substituted by section 50(3) of 2022 Act.
- f17
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Section 52(5) has been repealed in respect of England only.
- f18
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Section 52(5A) was inserted by section 50(5) of the 2022 Act.
- f19
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Section 52(7) was inserted by section 50(6) of the 2022 Act.
- f20
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Section 52A was inserted by section 46(3) of the 2022 Act.
- f21
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Section 53C was inserted by section 51(2) of the 2022 Act.
- f22
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Section 53D was inserted by section 51(2) of the 2022 Act.
- f23
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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
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Section 56(1) was amended by section 56(3) of the 2022 Act and by article 3(9) of S.I. 1996/1905.
- f25
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Sections 58C, 58O, 58U and 58V were inserted by section 42 of the 2022 Act.
- f26
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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
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Paragraph 1 was amended by paragraph 83 of Schedule 5 to the 2022 Act.
- f28
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Paragraphs 1A to 1I of Schedule 1 were inserted by section 33 of the 2022 Act.
- f29
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Paragraph 5B of Schedule 1 was inserted by section 34 of the 2022 Act.
- f30
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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
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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
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Paragraph 10 of Schedule 1 was substituted by section 83 of the 2022 Act.
- f33
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Paragraph 2(1) of Schedule 4 was substituted by section 49(1) and (3)(a) of the 2022 Act.
- f34
- f35
Contents
- Part 1: General
- 1Title, coming into force and application
- 2Interpretation
- Part 2: Registered building control approvers
- 3Independence of approvers
- 4Functions of approvers
- 5Modification of the 2010 Regulations etc.
- Part 3: Notices and certificates etc.
- 6Form, grounds and period for rejecting initial notice
- 7Form, grounds and period for rejecting amendment notice
- 8Consultation with the fire and rescue authority
- 9Consultation with the sewerage undertaker
- 10Form, grounds and period for rejecting plans certificate
- 11Effect of plans certificate
- 12Form, grounds and period for rejecting final certificate
- 13Form of notice under section 51C of the 1984 Act
- 14Events causing initial notice to cease to be in force
- 15Cancellation of initial notice: forms etc.
- 16Cancellation of initial notice: notice of contravention of building regulations
- Part 4: Transfer of projects back to local authority
- 17Local authority powers in relation to partly completed work
- 18Periods within which information on work to which an initial notice relates must be provided
- Part 5: Transfer of projects to another approver
- 19Section 53(7): prescribed provision
- 20Information to be included in transfer certificates
- 21Period for consideration of transfer certificate and report by local authority
- 22Grounds for rejection of a transfer certificate and transfer report
- 23Cases where a further initial notice may be given after cancellation of an initial notice under section 53D
- Part 6: Public Bodies
- 24Approval of public bodies
- 25Form, grounds and period for rejecting public body’s notice
- 26Public body’s consultation with the fire and rescue authority
- 27Public body’s consultation with the sewerage undertaker
- 28Form, grounds and period for rejecting public body’s plans certificate
- 29Effect of public body’s plans certificate
- 30Form, grounds and period for rejecting public body’s final certificate
- 31Events causing public body’s notice to cease to be in force
- Part 7: Registers of notices etc.
- 32Register of notices and certificates
- 33Registration periods
- 34Contravention of professional conduct rules
- 35Interim suspension for suspected serious contravention
- 36Appealing a decision made by the Welsh Ministers
- Part 8: Miscellaneous
- 37Contravention of certain regulations not to be an offence
- 38Consequential amendment to the Regulatory Reform (Fire Safety) Order 2005
- 39Consequential amendments to the Building (Local Authority Charges) Regulations 2010
- 40Consequential amendment to the 2010 Regulations
- 41Consequential amendments to the Building (Restricted Activities and Functions) (Wales) Regulations 2024
- 42Revocations, transitional and savings provisions
- Signature
- Schedule 1Forms
- Schedule 2: Grounds for rejecting an initial notice, an amendment notice, or a plans certificate combined with an initial notice
- 1Form
- 2Wrong local authority
- 3Capacity of approver
- 4Paragraph 4
- 5Breach of section 54B
- 6Information about the proposed work
- 7Fire and rescue authority
- 8Sewerage undertaker
- 9Independence
- 10Drain connection
- 11Local enactments
- 12Earlier notice
- Schedule 3: Grounds for rejecting a plans certificate or plans certificate combined with an initial notice
- 1Form
- 2Wrong local authority
- 3Work
- 4Plans
- 5No initial notice
- 6Capacity of approver
- 7Breach of section 54B
- 8Fire and rescue authority
- 9Sewerage undertaker
- 10Independence
- Schedule 4: Grounds for rejecting a final certificate
- 1Form
- 2Wrong local authority
- 3Work
- 4No initial notice
- 5Capacity of approver
- 6Breach of section 54B
- 7Lack of fire safety information confirmation
- 8Independence
- Schedule 5: Grounds for rejecting a transfer certificate and transfer report
- 1Required information
- 2Paragraph 2
- 3Wrong local authority
- 4No initial notice
- 5Capacity of approver
- 6Breach of section 54B
- 7Earlier notice
- 8Local authority action
- 9Failure to provide information requested
- 10Failure to comply with prescribed timescales
- Schedule 6: Grounds for rejecting a public body’s notice, or a combined public body’s notice and plans certificate
- 1Form
- 2Wrong local authority
- 3Capacity of public body
- 4Fire and rescue authority
- 5Sewerage undertaker
- 6Drain connection
- 7Local enactments
- Schedule 7: Grounds for rejecting a public body’s plans certificate, or a combined public body’s notice and plans certificate
- 1Form
- 2Work
- 3Plans
- 4No public body’s notice
- 5Capacity of public body
- 6Fire and rescue authority
- 7Sewerage undertaker
- Schedule 8: Grounds for rejecting a public body’s final certificate
- 1Form
- 2Work
- 3Capacity of public body
- 4No proper signature
- 5Fire and rescue authority
- 6Sewerage undertaker
- Explanatory note