Explanatory note

These Regulations make amendments to legislation which are consequential on Part 3 of the Building Safety Act 2022 (“the 2022 Act”).

Regulations 2 to 8 make consequential amendments to the County of South Glamorgan Act 1976, the Highways Act 1980, the Clwyd County Council Act 1985, the West Glamorgan Act 1987, the Dyfed Act 1987, the Mid Glamorgan County Council Act 1987 and the Clean Air Act 1993.

These amendments are consequential on the repeal by paragraph 20 of Schedule 5 to the 2022 Act of section 16 of the Building Act 1984 (“the 1984 Act”), which provided for the deposit of plans for proposed work with local authorities. Section 33 of the 2022 Act amends the 1984 Act to provide for the making of applications for building control approval instead of depositing of plans. For the most part the amendments made by regulations 2 to 8 replace a reference to deposit of plans with a reference to the making of an application for building control approval.

Regulations 9 to 12 make consequential amendments to the Regulatory Reform (Fire Safety) Order 2005, the Community Infrastructure Levy Regulations 2010, the Building Safety Act 2022 (Commencement No. 4, Transitional and Saving Provisions) (Wales) Regulations 2024 and the Building (Restricted Activities and Functions) (Wales) Regulations 2024.

Regulation 13 makes transitional provisions to ensure the amendments made by these Regulations do not affect building work for which a notice is given, or plans are deposited, before these Regulations come into force.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.