{
  "url": "https://openlegislation.uk/building-registered-building-control-approvers-etc-wales-regulations-2024/regulation-5",
  "json_url": "https://openlegislation.uk/building-registered-building-control-approvers-etc-wales-regulations-2024/regulation-5.json",
  "legislation": "wsi/2024/1268",
  "legislation_title": "The Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024",
  "legislation_url": "https://openlegislation.uk/building-registered-building-control-approvers-etc-wales-regulations-2024",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Modification of the 2010 Regulations etc.",
  "text": "(1) The 2010 Regulations apply with the modifications in paragraph (2) to (11).\n(2) Regulations 20 (provisions applicable to self-certification schemes), 25A (consideration of high-efficiency alternative systems for new buildings), 27 (CO2 emission rate calculations), 27A (primary energy consumption rate calculations), 27B (fabric performance values calculations), 27C (target primary energy rate calculations for new buildings), 37 (wholesome water consumption calculation), 41 (sound insulation testing), 42 (mechanical ventilation air flow rate testing), 43 (pressure testing), 44 (commissioning), 44ZA (commissioning in respect of a system for on-site electricity generation) and 44ZAA (particulars of connection to public electronic communications network) of the 2010 Regulations apply in relation to building work which is the subject of an initial notice as if references to the local authority were references to the approver.\n(3) Regulation 27(3) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, the initial notice ceases to be in force”.\n(4) Regulation 27A(3) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, the initial notice ceases to be in force”.\n(5) Regulation 27B(3) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 the initial notice ceases to be in force”.\n(6) Regulation 27C(3) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 the initial notice ceases to be in force”.\n(7) Regulation 37(2) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed” there were inserted “, or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 the initial notice ceases to be in force”.\n(8) Regulation 38 of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if for paragraph (2) there were substituted—\n“(2) The person carrying out the work must give the fire safety information to the responsible person no later than whichever is the earlier of—\n(a) the date of completion of the work to which the initial notice relates;\n(b) the date of occupation of the building or extension;\n(c) the date on which in accordance with regulation 14 (events causing initial notice to cease to be in force) of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, the initial notice ceases to be in force.”.\n(9) Regulation 41 of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if—\n(a) for paragraph (3)(b) there were substituted–—\n“(b) given to the approver in accordance with paragraph (2)(b) not later than 5 days after completion of the work to which the initial notice relates.”;\n(b) for the words in paragraph (4) “not later than the date on which notice of commencement of the work is given under regulation 16(1)” there were substituted the words “prior to commencement of the building work on site”.\n(10) Regulation 44 of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if for paragraph (4) there were substituted—\n“(4) The notice must be given to the approver—\n(a) subject to sub-paragraphs (b) and (c), not later than 5 days after completion of the work to which the initial notice relates;\n(b) where regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 applies, not later than the date on which the initial notice ceases to be in force or, if earlier, the end of the period referred to in sub-paragraph (a);\n(c) where regulation 20 applies by virtue of regulation 5 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, not later than the date on which the notice or certificate required by that regulation must be given.”.\n(11) Regulation 44ZA of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if for paragraph (3) there were substituted—\n“(3) The notice must be given to the approver—\n(a) subject to sub-paragraphs (b) and (c), not later than 5 days after completion of the work to which the initial notice relates;\n(b) where regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 applies, not later than the date in which the initial notice ceases to be in force or, if earlier, the end of the period referred to in sub-paragraph (a);\n(c) where regulation 20 applies by virtue of regulation 5 of the Building (Registered Building Control Approvers etc.) Regulations 2024, not later than the date on which the notice or certificate required by that regulation must be given.”.\n(12) Regulation 7A(3) of the Energy Performance of Buildings (England and Wales) Regulations 2012 applies in relation to building work which is the subject of an initial notice as if—\n(a) references to the local authority were references to the approver, and\n(b) in paragraph (3), after “work has been completed” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, the initial notice ceases to be in force”.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 5(2): comma substituted for word (1.7.2025) by The Building etc. (Amendment) (Wales) Regulations 2025 (S.I. 2025/377), regs. 1(3), 5(3)(a) (with reg. 3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 5(2) inserted (1.7.2025) by The Building etc. (Amendment) (Wales) Regulations 2025 (S.I. 2025/377), regs. 1(3), 5(3)(b) (with reg. 3)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 5 in force at 1.1.2025, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "wsi/2026/112",
      "affecting_title": "The Building etc. (Amendment) (No. 2) (Wales) Regulations 2026"
    },
    {
      "type": "words inserted",
      "affecting": "wsi/2025/1320",
      "affecting_title": "The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025"
    },
    {
      "type": "inserted",
      "affecting": "wsi/2025/1320",
      "affecting_title": "The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025"
    },
    {
      "type": "words substituted",
      "affecting": "wsi/2025/1320",
      "affecting_title": "The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2024/1268/regulation/5",
    "retrieved_at": "2026-10-28T22:59:16.825177+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}