Building Safety Act implementation in Wales: a further update
As outlined in our Legal Update in January 2025 (linked here), the Welsh Government is taking a staged approach to its implementation of the Building Safety Act 2022. Wales has implemented new dutyholder requirements for the design and construction of all buildings, and its building control regime for higher-risk buildings (as they are defined in Wales). These requirements came into force on 1 July 2026. This Legal Update considers some key updates made since then under The Building etc. (Amendment) (No. 2) (Wales) Regulations 2026 (the “Regulations”), together with a summary of the current position in relation to the wider Welsh building safety regime.
Amendments to the Building (Local Authority Charges) Regulations 2010
Regulation 2 of the Regulations updates provisions of the Building (Local Authority Charges) Regulations 2010 relating to plan charges and inspection charges so that they apply not only to applications under the Building Regulations 2010 for non-higher-risk buildings, but also to applications made in respect of higher-risk buildings (under the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025). Plan charges and inspection charges are the fees payable when a building owner makes a building control application. These changes correct what was perhaps on oversight previously under the Welsh regime and mean that these fees are now payable both when making building control applications for non-higher-risk buildings as well as higher-risk buildings. In Wales, higher-risk building control applications are made to the local authority rather than the Building Safety Regulator, and therefore standard local authority building control fees apply, rather than an hourly-rate scheme as is the case in England.
Regulation 2 also makes amendments to clarify when charges are payable and the relationship between the validity of applications and the requirement for payment of charges. Plan charges are now payable when the plans for building work are deposited with the authority and when the building control application is made to the authority. The requirements remain unchanged for inspection charges, which are “payable on demand after the authority carry out the first inspection in respect of which the charge is payable”.
Regulation 2 also extends the Building (Local Authority Charges) Regulations 2010 to confirm that an application made under the higher-risk regime that is not accompanied by the relevant fee is “not validly made” for the purposes of the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025.
Other Changes
As stated in the explanatory note (here) the Welsh Cabinet Minister for Local Government, Housing and Planning, the remaining Regulations are not intended to have a substantive effect on the regulations they amend. Instead, the remaining Regulations (3, 4, 5, 6, and 7) consist of technical changes that are concerned with resolving errors and improving clarity and consistency across the regime.
Key Takeaways
The amending regulations came into force on 20 July 2026. Particular attention should be paid to the changes to the Building (Local Authority Charges) Regulations 2010, brought about by Regulation 2, and the differences in the way plan and inspection charges are to be dealt with between England and Wales.
Summary of the current position in relation to the wider Welsh building safety regime
On 1 July 2026, the dutyholder (design and construction phase) and higher-risk building regimes took effect in Wales:
Dutyholder regime
The new dutyholder regime in Wales applies to the design and construction of all buildings and is set out in Part 2B of the Building Regulations 2010. It is very similar to the English dutyholder regime set out in Part 2A. It stipulates clear responsibilities for clients, contractors, and designers and requires that those involved in a project to appoint suitable and competent contractors and designers. Every client must appoint a principal contractor and principal designer.
Higher-risk building regime
As a reminder, a higher-risk building under the Welsh regime is one that is at least 18 metres in height, or has at least 7 storeys and contains:
- at least one residential unit;
- a hospital that has at least one bed intended for use by a person admitted to the premises for an overnight stay;
- a care home; or
- a children's home.
As in England, hotels, managed accommodation, residential institutions, and buildings for military use are excluded.
The higher-risk building regime regulations in Wales introduce similar building control approval requirements to those seen in England, including the ‘golden thread’ and change control requirements. It is also important to note that 1 July 2026 was the key transitional deadline in Wales, by which work to a building that meets the above definition could continue under the previous regulations. If neither an initial notice for the work had been given to the local authority nor full plans deposited with the local authority by this date, then the work will fall under the new regime.
What comes next?
We now await the occupation phase dutyholder scheme to come into force in Wales, which is expected to be in April 2027. This next part of the regime applies to a wider range of residential buildings than in England, and splits them into three categories, with the most onerous requirements reserved for Category 1 (higher-risk) buildings, and the least onerous reserved for Category 3 buildings (those residential buildings less than 11 metres or fewer than 5 storeys high).
