# The Building (Restricted Activities and Functions) (Wales) Regulations 2024 W.S.I. 2024/238 · made 28 February 2024 · revised to 20 July 2026 These Regulations prescribe the activities and functions of building control authorities and registered building control approvers which are restricted under sections 46A and 54B of the Building Act 1984 (c. 55) (“the 1984 Act”). Made under: Building Act 1984 (Section 1, Section 46A, Section 54B) PDFs: Printed copy https://openlegislation.uk/building-restricted-activities-and-functions-wales-regulations-2024/pdf/wsi_20240238_mi.pdf ## Introductory text Building And Buildings, Wales Made 28 February 2024 Laid before Senedd Cymru 1 March 2024 Coming into force 6 April 2024 The Welsh Ministers, in exercise of the powers conferred on them by sections 1(1), 46A(4) and 54B(5) of the Building Act 1984, make the following Regulations. In accordance with section 14(7) of the Building Act 1984 the Welsh Ministers have consulted the Building Regulations Advisory Committee for Wales and any other person that the Welsh Ministers consider appropriate. ## 1 Title, application and coming into force (1) The title of these Regulations is the Building (Restricted Activities and Functions) (Wales) Regulations 2024. (2) These Regulations apply in relation to Wales. (3) These Regulations come into force on 6 April 2024. ## 2 Interpretation (1) In these Regulations— “the 1984 Act” (“Deddf 1984”) means the Building Act 1984; “the 2010 Regulations” (“Rheoliadau 2010”) means the Building Regulations 2010; “the 2024 Regulations” (“Rheoliadau 2024”) means the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024; ... “building” (“adeilad”) has the meaning given in regulation 2 of the 2010 Regulations; “building work” (“gwaith adeiladu”) has the meaning given in regulation 3 of the 2010 Regulations. (2) Subject to paragraph (1), words and expressions used in these Regulations and the 1984 Act have the same meaning as in that Act. ## 3 Building control authorities: restricted activities and functions (1) For the purposes of section 46A(1) of the 1984 Act, the following activities are prescribed as a restricted activity— (a) where plans relating to any building work are submitted to a building control authority under any provision of the 2010 Regulations or the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025, the checking of those plans for compliance with any requirement of the building regulations which is applicable to that building work; (b) where an inspection of building work is to be carried out by a building control authority for the purpose of checking compliance with any requirement of the building regulations which is applicable to the work, the carrying out of that inspection and scheduling the stages or points for inspections. (2) For the purposes of section 46A(2) of the 1984 Act, the following functions are prescribed as a restricted function— (a) determining an application for a direction under section 8 of the 1984 Act (relaxation of building regulations); (b) determining an application for building control approval under regulation 14D (determination of applications for building control approval with full plans: Wales) of the 2010 Regulations and regulation 7 (building control approval applications for HRB work or stage of HRB work: decisions) and regulation 15 (building control approval applications for work to existing HRB: decisions) of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025, including exercising, in relation to such an application, a power in—, (i) section 19(1) of the 1984 Act (use of short-lived materials), (ii) section 21(4) of the 1984 Act (provision of drainage), or (iii) section 25(1) of the 1984 Act (provision of water supply); (c) fixing a period on the expiration of which a building or building work must be removed, extending such a period, imposing conditions in relation to a building or varying such conditions, under section 19(2) or (3) of the 1984 Act (use of short-lived materials); (d) requiring a building to be drained in combination under section 22 of the 1984 Act (drainage of buildings in combination); (e) giving consent under section 23 of the 1984 Act (provision of facilities for refuse); (f) giving a notice or granting a certificate under section 25(3) of the 1984 Act (provision of water supply); (g) exercising any power under section 33 of the 1984 Act (tests for conformity with building regulations); (h) deciding, for the purposes of section 35 of the 1984 Act (penalty for contravening building regulations), whether there is a contravention of a provision contained in building regulations; (i) giving a section 36 notice or deciding to pull down or remove work or effect alterations in it as deemed necessary under section 36(3) of the 1984 Act (removal or alteration of offending work); (j) deciding whether to withdraw a section 36 notice where a written report is given under section 37(1)(a) of the 1984 Act (obtaining of report where section 36 notice given); (k) giving a cancellation notice under section 52A(4) of the 1984 Act (cancellation of initial notice when work becomes higher-risk building work); (l) giving a completion certificate under regulation 17 of the 2010 Regulations (completion certificates); (m) giving a completion certificate under regulation 17A of the 2010 Regulations (certificate for building occupied before work is completed); (n) deciding, where regulation 18 of the 2010 Regulations (unauthorised building work) applies, whether— (i) a regularisation certificate under regulation 18 of the 2010 Regulations may be given; (ii) any reasonable steps are required under regulation 18(3) of the 2010 Regulations; (o) deciding, where regulation 17(1) of the 2024 Regulations (partly completed work) applies, whether— (i) plans given under regulation 17(2)(a) of the 2024 Regulations are sufficient to show that the intended work would not contravene any requirement of the 2010 Regulations; (ii) an owner should be required to cut into, lay open or pull down any of the work under regulation 17(2)(b) of the 2024 Regulations. (p) giving approval, that staged higher-risk building work, may proceed beyond a point specified in a requirement imposed in the approval of that work; (q) determining a change control application for higher-risk building work; (r) determining is a controlled change to a higher-risk building work is a notifiable or major change; (s) giving a compliance notice under section 35B of the 1984 Act (compliance notices); (t) giving a stop notice under section 35C of the 1984 Act (stop notices); (u) determining an application under regulation 43 of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 (completion certificate applications: decisions); (v) determining a partial completion certificate under regulation 44 of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 (partial completion certificates); (w) an application of regularisation of unauthorised building work under regulation 46 of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 (regularisation of unauthorised building work). ## 4 Registered building control approvers: restricted activities and functions (1) For the purposes of section 54B(2) of the 1984 Act, the following activities are prescribed as a restricted activity— (a) where an initial notice, amendment notice or plans certificate is to be given in relation to any building work, the checking of plans to which the notice or certificate relates for compliance with any requirement of the building regulations which is applicable to the work; (b) where an inspection of building work is to be carried out by the registered building control approver for the purpose of checking compliance with any requirement of the building regulations which is applicable to the work, the carrying out of that inspection (including scheduling the stages or points for inspections). (2) For the purposes of section 54B(3) of the 1984 Act, the following functions are prescribed as a restricted function— (a) giving an initial notice to a local authority under section 47 of the 1984 Act (initial notices) including an initial notice combined with a plans certificate or a new initial notice under section 53(7) of the 1984 Act (new initial notices); (b) giving a plans certificate to a local authority under section 50 of the 1984 Act (plans certificates); (c) giving a final certificate to a local authority under section 51 of the 1984 Act (final certificates); (d) giving an amendment notice to a local authority under section 51A of the 1984 Act (variation of work to which initial notice relates); (e) giving a notice to a local authority under section 52(1)(c) or 52A(1) of the 1984 Act (cancellation of initial notice); (f) giving a transfer certificate and transfer report to a local authority under section 53B(3) of the 1984 Act (new initial notice: change of registered building control approver). ## Signature Julie James Minister for Climate Change, one of the Welsh Ministers 28 February 2024 ## Explanatory note (This note is not part of the Regulations) These Regulations prescribe the activities and functions of building control authorities and registered building control approvers which are restricted under sections 46A and 54B of the Building Act 1984 (c. 55) (“the 1984 Act”). Regulation 3 prescribes the restricted activities and functions of a building control authority for the purposes of section 46A the 1984 Act. Regulation 4 prescribes the restricted activities and functions of a registered building control approver for the purposes of section 54B the 1984 Act. 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 Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales . --- Source: https://www.legislation.gov.uk/wsi/2024/238 (the official version) Page: https://openlegislation.uk/building-restricted-activities-and-functions-wales-regulations-2024 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.