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The Building Safety Act Wales

Building safety reform in Wales entered a new phase on 1 July 2026, when significant changes to the Building Regulations came into force. While the reforms include additional procedures for Higher-Risk Buildings (HRBs), the new dutyholder, competence and building control requirements apply to all building work subject to the Building Regulations.

The reforms support the wider Building Safety (Wales) Act 2026, which introduces a new occupation regime for regulated residential buildings and establishes duties for those responsible for managing building safety after completion.

For building services contractors, the changes place greater emphasis on demonstrating competence, managing design changes, providing accurate compliance information and maintaining robust project records throughout the building lifecycle.

 

What's Changed?

From 1 July 2026, the Welsh building control regime introduces:

  • New statutory dutyholder roles and responsibilities for Clients, Designers, Principal Designers, Contractors and Principal Contractors.
  • A legal requirement for both individuals and organisations to be competent for the work they undertake.
  • A new building control approval process replacing the previous "deposit of plans" approach.
  • A statutory definition of commencement and new three-year lapse provisions for building control approval.
  • Stronger enforcement powers, including compliance notices, stop notices and rights of appeal.
  • Enhanced procedures for Higher-Risk Buildings, including gateway approvals, Golden Thread information, change control, mandatory occurrence reporting and completion certification.

 

Higher-Risk Buildings in Wales

For the design and construction phase, a Higher-Risk Building (HRB) in Wales is a building that is:

  • at least 18 metres in height or seven storeys, and
  • contains at least one residential unit, or is a hospital, care home or children's home.

 

This differs from England, where the residential threshold is two or more residential units.

 

Categories of regulated buildings in Wales

The Building Safety (Wales) Act also introduces a broader occupation regime for regulated residential buildings, with different legal duties depending on the building's height and risk category. While these occupation duties primarily affect building owners and managers, the information produced by designers, contractors and installers during construction will support Accountable Persons throughout the life of the building.

Category

Building type

Main duties

Category 1

At least 18m or 7 storeys

Fire and structural safety duties, registration, building safety certificate, safety case report, resident engagement, golden thread

Category 2

Below Category 1 but at least 11m or 5 storeys

Fire and structural safety duties, registration, golden thread and resident-facing duties

Category 3

Below 11m and fewer than 5 storeys

Fire safety duties only

 

Note: These categories are relevant mainly to the occupation and management phase, not the building control approval route for design and construction. Organisations should avoid confusing the HRB definition used for building work with the wider regulated building categories used for occupation.

 

What This Means for Building Services Contractors

Whether working on Higher-Risk Buildings or other projects, contractors should expect greater scrutiny of how compliance is demonstrated.

Contractors should be prepared to provide:

  • Evidence of organisational and individual competence.
  • Technical design and compliance information.
  • Product and system information.
  • Commissioning and testing records.
  • Change control documentation.
  • Fire safety information.
  • Operation and maintenance manuals.
  • Digital project records to support the Golden Thread where required.

 

Projects in Wales are also likely to involve earlier engagement with Building Control, more structured design coordination and increased information management throughout design, construction and handover.

 

Transitional Arrangements

Not every project automatically falls under the new regime.

Projects that met the transitional criteria before 1 July 2026 may continue under the previous Building Regulations, provided the relevant conditions are satisfied. However, transitional protection can be lost if qualifying work does not legally commence within the required timescales or if the relevant approvals cease to have effect.

Organisations working on projects that span the implementation date should confirm with Building Control which regulatory regime applies before work progresses.

 

Further Guidance

Legislation - the primary legislation introducing the new regime includes:

Building etc. (Amendment) (No. 2) (Wales) Regulations 2025

Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025

Building Regulations 2010 (as amended)

Building Safety (Wales) Act 2026

 

Welsh Government Guidance - Detailed guidance on the implementation of the new regime is available from the Welsh Government:

 

Building Regulations