Guidance for Devolved Nations

What you need to know if you work in Devolved Nations

Wales

The Welsh Government announced Mark Tambini had joined Welsh Government Building Regulations Team as Head of Building Regulations Policy.

The Government has recently responded to the consultation on the Higher-Risk Building (HRB) definition, confirming that in Wales, an HRB is a building over 18 meters or more than seven storeys with a single residential unit (as opposed to two or more in England). Additionally, various standards, codes, and rules for the new building control system in Wales, starting in April 2024, have been published. Wales is the first UK nation to establish a remediation pathway for all buildings over 11 meters facing fire safety issues.

The Building Safety Act did not extend to Wales, however, the Welsh Government voted to adopt the Act into Welsh legislation. The Governments white paper: Safer Buildings in Wales sets out how they plan to address issues in the design, construction, and occupation stages.

The Welsh Government will need to establish and maintain a register of building control approvers and building inspectors. 

Scotland

The Housing (Cladding Remediation) (Scotland) Bill will give Scottish Ministers powers to assess and remediate unsafe cladding on certain types of buildings, as well as set up a responsible developers scheme.

Although the Building Safety Act may not have full jurisdiction in Scotland, there are still a few elements to be aware of. For instance, it is important to consider any amendments to the Health and Safety at Work Act 1974 and the added amount of liability connected to construction products. Additionally, the new architect’s registration board and the implementation of the New Homes Ombudsman Scheme should be taken into account.

Northern Ireland

The Northern Irish Department for Communities has formed an agreement with the Department for Levelling Up, Housing and Communities (DLUHC) which will allow buildings over 11 metres in Northern Ireland with unsafe cladding to apply for funding from the Cladding Safety Scheme in England.

Northern Ireland is not included in the Building Safety Act, however there are important considerations to bear in mind such as adoption of the New Homes Ombudsman Scheme, developing closer information-sharing ties with England, increased responsibilities relating to construction products and the introduction of the Architects Registration Board.

The current regulations for Northern Ireland (NI) are the Building Regulations (Northern Ireland) 2012.