Building Safety (Wales) Act 2026
2026 asc 5 · Enacted 27 April 2026 · Extends to England and Wales
An Act of Senedd Cymru to make provision relating to the safety of people in or about buildings containing two or more residential units and of people in or about certain houses in multiple occupation.
[27 April 2026]
Having been passed by Senedd Cymru and having received the assent of His Majesty, it is enacted as follows:
Contents
- Part 1: SAFETY OF BUILDINGS CONTAINING TWO OR MORE RESIDENTIAL UNITS
- Chapter 1: OVERVIEW
- 1Overview of Part
- Chapter 2: KEY TERMS
- Regulated buildings, residential units and categories of building
- 2Meaning of “regulated building”
- 3Meaning of “building”
- 4Meaning of “independent part”
- 5Meaning of “residential unit”
- 6Categories of regulated building
- 7Inclusion of ancillary areas in references to regulated buildings
- Accountable persons, principal accountable persons and common parts
- 8Meaning of “accountable person”
- 9Meaning of “principal accountable person”
- 10Principal accountable person: determination by building safety authority Not yet in force
- 11Determinations by residential property tribunal Not yet in force
- 12Application of sections 9 and 11 in cases of joint ownership etc. Not yet in force
- 13Meaning of “common parts”
- 14Other definitions
- 15Power to make further provision for the purposes of sections 8 and 9
- Responsibility of accountable persons for parts of regulated buildings
- 16Part of regulated building for which accountable person is responsible
- General
- 17Powers to amend this Chapter
- Chapter 3: REGISTRATION OF CATEGORY 1 BUILDINGS AND CATEGORY 2 BUILDINGS Not yet in force
- Registers Not yet in force
- 18Registers of category 1 buildings and category 2 buildings Not yet in force
- Requirement to register and registration procedure Not yet in force
- 19Requirement to register category 1 buildings and category 2 buildings Not yet in force
- 20Registration procedure Not yet in force
- Notification of changes and revision of register Not yet in force
- 21Duty to notify changes Not yet in force
- 22Revision of register following notification of change Not yet in force
- 23Revision of register without notification Not yet in force
- Declaration about accuracy of information and documents in register Not yet in force
- 24Duty to give declaration about accuracy of information and documents included in register Not yet in force
- Removal of building from register Not yet in force
- 25Application to remove building from register Not yet in force
- 26Removal of building from register by building safety authority Not yet in force
- Chapter 4: ASSESSMENT AND MANAGEMENT OF BUILDING SAFETY RISKS Not yet in force
- Key terms Not yet in force
- 27Meaning of “fire safety risk” and “structural safety risk” Not yet in force
- 28Meaning of “building safety risk” Not yet in force
- Fire safety risks in regulated buildings Not yet in force
- 29Assessment of fire safety risks: duties of principal accountable person Not yet in force
- 30Requirement for fire risk assessment to be made by competent person Not yet in force
- 31Timing and review of fire risk assessments Not yet in force
- 32Further provision about fire risk assessments Not yet in force
- 33Management of fire safety risks by accountable persons Not yet in force
- Structural safety risks in category 1 buildings and category 2 buildings Not yet in force
- 34Assessment of structural safety risks: duties of accountable persons Not yet in force
- 35Management of structural safety risks by accountable persons Not yet in force
- Management of building safety risks by other persons Not yet in force
- 36Management of building safety risks by persons other than accountable persons Not yet in force
- Chapter 5: DUTIES APPLYING ONLY TO OCCUPIED CATEGORY 1 BUILDINGS Not yet in force
- Safety case reports Not yet in force
- 37Preparation and revision of safety case report by principal accountable person Not yet in force
- Recording and reporting in relation to building safety risks Not yet in force
- 38Occurrence recording system: duty of principal accountable person Not yet in force
- 39Reporting to authorities: duty of accountable person Not yet in force
- Residents’ engagement strategies Not yet in force
- 40Preparation and review of residents’ engagement strategy by principal accountable person Not yet in force
- 41Provision of copies of strategy by accountable persons Not yet in force
- Building certificates Not yet in force
- 42Duty of principal accountable person to apply for building certificate Not yet in force
- 43Applications for certificates: procedure Not yet in force
- 44Determination of applications and issue of certificates Not yet in force
- 45Duty of principal accountable person to display certificate and related information Not yet in force
- Chapter 6: ENGAGEMENT WITH RESIDENTS OF OCCUPIED CATEGORY 2 BUILDINGS Not yet in force
- 46Category 2 buildings: residents’ engagement strategies Not yet in force
- Chapter 7: INFORMATION AND COMPLAINTS Not yet in force
- Duties to keep and provide information and documents Not yet in force
- 47Duty to give information and documents to accountable persons Not yet in force
- 48Duty of accountable person to keep information and documents Not yet in force
- 49Duty of accountable person to give information and documents to other persons Not yet in force
- 50Duty to give information and documents on change of accountable person Not yet in force
- Complaints Not yet in force
- 51Category 1 buildings: duty of principal accountable person to operate complaints system Not yet in force
- 52Category 2 and category 3 buildings: duty of accountable persons to arrange consideration of complaints Not yet in force
- 53Complaints to building safety authorities Not yet in force
- Chapter 8: DUTIES OF RESIDENTS AND OWNERS ETC. OF RESIDENTIAL UNITS Not yet in force
- 54Regulated buildings: fire safety duties of residents etc. Not yet in force
- 55Category 1 and category 2 buildings: structural safety duties of residents etc. Not yet in force
- 56Fire resistance of residential units: duty to repair Not yet in force
- 57Entry to residential units for purpose of repairs Not yet in force
- 58Entry to residential units etc. by accountable person Not yet in force
- 59Power of accountable person to give warning notice: fire and structural safety duty of residents etc. Not yet in force
- 60Power of accountable person to give warning notice: repair of fire resistance of residential units Not yet in force
- 61Power of residential property tribunal to make contravention order Not yet in force
- 62Regulations about warning notices Not yet in force
- Chapter 9: REVIEWS AND APPEALS Not yet in force
- 63Review and appeal of certain decisions: key terms Not yet in force
- 64Review of reviewable decision Not yet in force
- 65Appeal to residential property tribunal Not yet in force
- 66Effect of review and appeal Not yet in force
- Chapter 10: SUPPLEMENTARY Not yet in force
- Entry to non-residential premises Not yet in force
- 67Entry to non-residential premises by accountable person Not yet in force
- Co-operation and co-ordination Not yet in force
- 68Co-operation and co-ordination: duties of accountable persons Not yet in force
- Recovery of relevant costs by principal accountable person Not yet in force
- 69Recovery of relevant costs by principal accountable person Not yet in force
- Leases Not yet in force
- 70Leases: implied terms relating to compliance with building safety duties Not yet in force
- 71Liability of tenants for costs relating to building safety Not yet in force
- 72Further provision about implied terms and liability for costs Not yet in force
- 73Costs relating to enforcement etc. excluded from variable service charge Not yet in force
- 74Provision of building safety information to tenants Not yet in force
- Occupation contracts Not yet in force
- 75Power to make provision relating to terms of occupation contracts Not yet in force
- Commonholds Not yet in force
- 76Commonholds: provision for compliance with building safety duties Not yet in force
- Regulations under sections 17, 28(2) and 75 Not yet in force
- 77Regulations under sections 17, 28(2) and 75: initial procedure Not yet in force
- Part 2: FIRE SAFETY IN CERTAIN HOUSES IN MULTIPLE OCCUPATION Not yet in force
- Key terms Not yet in force
- 78Meaning of “relevant HMO” Not yet in force
- 79Meaning of “landlord” and “duty holders” for relevant HMO Not yet in force
- 80Meaning of “fire safety risk” in relation to relevant HMO Not yet in force
- Assessment and management of fire safety risks in relevant HMOs Not yet in force
- 81Assessment of fire safety risks: duties of landlord Not yet in force
- 82Requirement for HMO fire risk assessment to be made by competent person Not yet in force
- 83Timing and review of HMO fire risk assessments Not yet in force
- 84Further provision about HMO fire risk assessments Not yet in force
- 85Management of fire safety risks by duty holders Not yet in force
- Provision of information and documents relating to relevant HMOs Not yet in force
- 86Requirement to give information and documents to duty holder Not yet in force
- 87Requirement for duty holder to give information and documents to other persons Not yet in force
- Duties of occupiers of relevant HMOs Not yet in force
- 88Occupiers’ duties relating to fire safety risks and provision of information Not yet in force
- 89Entry by duty holders for purposes of assessing and managing fire safety risks Not yet in force
- Entry to non-residential premises Not yet in force
- 90Entry to non-residential premises by duty holder Not yet in force
- General Not yet in force
- 91Co-operation and co-ordination by duty holders Not yet in force
- 92Power to apply this Part to mobile homes Not yet in force
- 93Interpretation Not yet in force
- Part 3: ENFORCEMENT AND INVESTIGATORY POWERS Not yet in force
- Enforcing authorities Not yet in force
- 94Enforcement functions of fire safety authorities and building safety authorities Not yet in force
- Powers of enforcing authorities to give notices Not yet in force
- 95Power of enforcing authority to give information notice Not yet in force
- 96Power of enforcing authority to give compliance notice Not yet in force
- 97Appeal against compliance notice Not yet in force
- 98Power of fire safety authority to give prohibition notice Not yet in force
- 99Appeal against prohibition notice Not yet in force
- 100Notices: supplementary Not yet in force
- 101Notices: offences Not yet in force
- Functions of authorised officers Not yet in force
- 102Authorised officers and meaning of “relevant purpose” Not yet in force
- 103Power to enter premises not being used as a residential unit Not yet in force
- 104Power to enter premises being used as a residential unit Not yet in force
- 105Powers of entry: supplementary Not yet in force
- 106Authorised officers: offences Not yet in force
- Offences Not yet in force
- 107Contravention giving rise to risk of death or serious injury Not yet in force
- 108False and misleading information Not yet in force
- Special measures in relation to category 1 buildings Not yet in force
- 109Appointment of special measures manager for category 1 building Not yet in force
- Power of building safety authority to give fixed penalty notices Not yet in force
- 110Power of building safety authority to give fixed penalty notices Not yet in force
- Crown application Not yet in force
- 111Application of this Part to the Crown Not yet in force
- Part 4: REMEDIATION OF CERTAIN DEFECTS Not yet in force
- 112Meaning of “relevant building” Not yet in force
- 113Meaning of “relevant defect” Not yet in force
- 114Remediation orders Not yet in force
- 115Remediation contribution orders Not yet in force
- 116Remediation costs under qualifying leases etc. Not yet in force
- 117Meaning of “qualifying lease” Not yet in force
- 118Reports on progress under the Welsh building safety programme Not yet in force
- Part 5: SUPPLEMENTARY AND GENERAL
- Promotion of participation in relation to the exercise of Welsh Ministers’ functions etc. Not yet in force
- 119Welsh Ministers’ strategy for promoting participation in relation to the exercise of their functions etc. Not yet in force
- Guidance and co-operation Not yet in force
- 120Issue or approval of guidance by the Welsh Ministers Not yet in force
- 121Co-operation and information: duties of responsible persons under Fire Safety Order Not yet in force
- Building safety authorities Not yet in force
- 122Building safety authorities Not yet in force
- 123Delegation of functions where building safety authority is accountable person for category 1 building Not yet in force
- 124Power to direct building safety authorities to arrange for delegation of functions Not yet in force
- 125Fees for exercise of functions by building safety authorities Not yet in force
- Fire safety authorities Not yet in force
- 126Fire safety authorities Not yet in force
- Exercise of functions by building safety authorities and fire safety authorities Not yet in force
- 127Issue of guidance by the Welsh Ministers about the exercise of functions Not yet in force
- 128Co-operation between building safety authorities and fire safety authorities Not yet in force
- 129Sharing of information Not yet in force
- Offences Not yet in force
- 130Criminal liability of senior officers of bodies Not yet in force
- Giving notices and other documents Not yet in force
- 131Giving notices and other documents Not yet in force
- 132Giving documents to a person whose name is unknown Not yet in force
- General
- 133Pre-commencement consultation
- 134Regulations requiring provision of information: confidentiality and data protection
- 135Regulations under this Act: supplementary and procedural provisions
- 136Interpretation
- 137Consequential and transitional provision etc.
- 138Coming into force
- 139Progress reports on bringing this Act into force Not yet in force
- 140Short title
- Schedule 1: BUILDINGS THAT ARE EXCLUDED FROM BEING REGULATED BUILDINGS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 2: SPECIAL MEASURES ORDERS Not yet in force
- Part 1: PROCEDURE BEFORE APPLYING FOR SPECIAL MEASURES ORDER Not yet in force
- 1Introductory Not yet in force
- 2Notice that authority proposes to apply for special measures order Not yet in force
- 3Notice of authority’s decision whether to apply for order Not yet in force
- 4Requirement to include financial management proposal with notice of proposal or decision Not yet in force
- 5Further provision about giving notices under this Part Not yet in force
- Part 2: FURTHER PROVISION ABOUT EFFECT AND IMPLEMENTATION OF SPECIAL MEASURES ORDER Not yet in force
- 6Functions to be carried out by special measures manager Not yet in force
- 7Effect of special measures order on compliance notices Not yet in force
- 8Effect of special measures order on relevant contracts Not yet in force
- 9Effect of special measures order on legal proceedings Not yet in force
- 10Reimbursement of damages paid by special measures manager Not yet in force
- 11Payments received by special measures manager to be held on trust Not yet in force
- 12Power of tribunal to give further directions Not yet in force
- 13Change in accountable person Not yet in force
- Part 3: REVIEW, VARIATION AND REVOCATION OF SPECIAL MEASURES ORDER Not yet in force
- 14Duration of special measures order Not yet in force
- 15Authority to keep certain matters under review Not yet in force
- 16Variation or revocation of special measures order Not yet in force
- 17Procedure before authority applies to vary special measures order Not yet in force
- 18Directions where special measures order is varied or revoked Not yet in force
- Part 4: SUPPLEMENTARY Not yet in force
- 19Notifications relating to special measures order Not yet in force
- 20Power of tribunal to amend order under section 24 of the Landlord and Tenant Act 1987 Not yet in force
- 21Meaning of “interested person” Not yet in force
- Schedule 3: MINOR AND CONSEQUENTIAL AMENDMENTS Not yet in force
- 1Health and Safety at Work etc. Act 1974 (c. 37) Not yet in force
- 2Landlord and Tenant Act 1987 (c. 31) Not yet in force
- 3Landlord and Tenant Act 1987 (c. 31) Not yet in force
- 4Landlord and Tenant Act 1987 (c. 31) Not yet in force
- 5Fire and Rescue Services Act 2004 (c. 21) Not yet in force
- 6Fire and Rescue Services Act 2004 (c. 21) Not yet in force
- 7Fire and Rescue Services Act 2004 (c. 21) Not yet in force
- 8Fire and Rescue Services Act 2004 (c. 21) Not yet in force
- 9Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) Not yet in force
- 10Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) Not yet in force
- 11Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) Not yet in force
- 12Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) Not yet in force
- 13Building Safety Act 2022 (c. 30) Not yet in force
- Schedule 4: FIRE SAFETY ORDER: TRANSITIONAL AND SAVING PROVISIONS Not yet in force
- 1Existing fire risk assessments for regulated buildings Not yet in force
- 2Existing HMO fire risk assessments for relevant HMOs Not yet in force
- 3Existing notices issued under the Fire Safety Order Not yet in force