Building Safety (Wales) Bill: the anticipated next stage of Welsh building safety reform

On 7 July 2025, the Welsh Government published the Building Safety (Wales) Bill (the “Bill”), along with an Explanatory Memorandum and other supporting material. The primary aim of the Bill is to improve the safety of residents living in multi-occupied residential buildings in Wales. The Bill seeks to address issues identified by the Hackitt Review, the Grenfell Tower Inquiry and the Welsh Government’s Building Safety Expert Group which was set up in the aftermath of the Grenfell Tower tragedy in June 2017.

The Bill introduces an all-encompassing new regulatory framework which, if passed, will:

• identify “duty holders” responsible for satisfying the statutory obligations set out in the Bill;
• require buildings which are at least 11 metres in height or have at least 5 storeys to be registered with a building safety authority;
• assign each of the Local Authorities in Wales as a “building safety authority” that must oversee safety during the occupation phase;
• confer new functions on the fire and rescue authorities and fire inspectors in Wales in relation to Crown buildings, designating them as a “fire safety authority”;
• create new rights for residents; and
• establish an enforcement regime if the new duties are not met.

Buildings within scope

Unlike the Building Safety Act (“BSA”) in England which only focuses on high-rise buildings (over 18 metres or 7 storeys), the Bill applies to three categories of multi-occupied residential buildings:

• Category 1 buildings - at least 18 metres in height or has at least 7 storeys. These are subject to the strictest requirements.
• Category 2 buildings - less than 18 metres in height and has fewer than 7 storeys, and is at least 11 metres in height or has at least 5 storeys. These buildings have similar requirements to Category 1 buildings with fewer restrictions.
• Category 3 buildings - less than 11 metres in height and has fewer than 5 storeys. These have the fewest restrictions.

Category 1 and Category 2 buildings will be required to register with a building safety authority (local authorities in Wales) and will be subject to both fire safety and structural safety duties. In contrast, Category 3 buildings will be subject to only the fire safety requirements.

The Bill also makes provision for certain houses in multiple occupation (referred to as “relevant HMOs”) and these will be subject to the new fire safety duties (including fire risk assessment) contained in the Bill.

Duty Holders

Accountability for building and fire safety is a key focus of the Bill. The Bill introduces the role of an “accountable person” (“AP”) and a “principal accountable person” (“PAP”). An AP is generally the person who owns or has a repairing obligation for any of the common parts of the building, and would be an AP for that part. The PAP will generally be the person who owns or has a repairing obligation for the external structure of the building (i.e., the foundations, external walls and roof).

Where there is only one AP for a building, then that person would be the PAP. In circumstances where there is more than one AP, the person with the legal or repairing responsibility for the external structure is automatically elevated to a PAP, who acts as the lead duty holder.

The Bill also provides that where there is more than one AP and different APs are responsible for different parts of the external structure then an application can be made to the building safety authority by an AP to determine which person is the PAP for the building.

Furthermore, an interested person can also apply to a residential property tribunal for a determination as to who are the APs or the PAP for a regulated building.

With regards to enforcement, a key feature of the Bill is the introduction of “special measures orders” (“SMOs”), which is a proactive tool designed to be used as a “last resort” enforcement measure. It allows the enforcing authority to make an application to the residential property tribunal for an order that will appoint a special measures manager to take over building safety functions from failing duty holders in Category 1 buildings. It is a temporary measure to be used where residents are at risk and existing duty holders are failing to carry out their duties.

Registration and certification duties

The PAP is responsible for ensuring that a Category 1 and Category 2 building is registered with the local building safety authority before first occupation.  Continuing occupation without registration constitutes a criminal offence by the PAP, attracting unlimited fines and up to two years’ imprisonment. The registration application must be supported by core data such as address, height, storeys, number of dwellings, and the identity and contact details of the PAP. Once on the register, the building is assigned a registration number, and the relevant information is recorded in a register maintained by the relevant building safety authority. Welsh Ministers may make regulations regarding the publication of the register or information contained within it. Once registered, the PAP must keep the entry up to date, notify the authority of specified changes within 14 days, and provide a declaration of accuracy every five years.

For Category 1 buildings, a further layer of control is the building certificate. The authority may direct the PAP to apply for the first certificate, and a fresh application is required every five years thereafter. The submission must include a safety-case report, evidence of an occurrence-recording system, a summary of resident engagement arrangements and information demonstrating that every AP has complied with their information sharing obligations. Certificates are issued only when the authority is satisfied that all “relevant duties” are being met. A valid certificate must be displayed prominently in the building. Failure to apply for, renew, or display a certificate is a triable offence punishable by a fine and up to two years’ imprisonment.

Fire and structural safety duties

The Bill sets out a framework of duties designed to identify, assess, and manage the two classes of “building safety risk”:  (1) fire safety risk; and (2) structural safety risk. The Bill adopts a more holistic approach compared to the BSA, which primarily focuses on fire safety (albeit there is also a lesser focus on structural safety). Fire risk assessments are compulsory for all three categories of buildings whilst structural safety assessments are only required for Category 1 and Category 2 buildings.

For every occupied regulated building, the PAP must ensure that a suitable and sufficient fire risk assessment is carried out by a “competent person”. The first fire risk assessment must take place no later than 6 months after the later of: (1) the day on which the building becomes occupied; or (2) the day on which the Bill comes into force. The fire risk assessments must be reviewed annually or sooner if (1) there is work carried out in relation to the building, (2) fire damage occurs, or (3) there is reason to suspect the assessment is out of date.

APs are obliged to take “all reasonable steps” to prevent fire safety risks from materialising and to mitigate their consequences, recording both the assessment findings and the risk control measures adopted. Accountability extends beyond the duty holders themselves. Adult residents and owners in all regulated buildings must refrain from actions that create a “significant risk” of fire.

In Category 1 and Category 2 buildings the same regime applies to structural safety risks: an assessment by persons with “sufficient expertise and experience”, regular reviews, and a positive duty on each AP to manage those risks and record the action taken. For Category 1 buildings the conclusions are recorded in a safety case report detailing how fire and structural safety risks are being managed, which is lodged with the building safety authority and reviewed whenever the underlying risk assessments change. Adult residents and owners in Category 1 and Category 2 buildings must also avoid behaviour that could compromise structural integrity.

Resident engagement and complaints

The Bill introduces a statutory right for occupants and leaseholders of all regulated buildings to obtain relevant building safety information held by APs. In Category 1 buildings, the PAP must prepare, keep under review and act in accordance with a “residents’ engagement strategy”. The strategy must explain how adult residents and leasehold owners will be informed of, and consulted on, building-safety decisions that affect them. The strategy must set out: (1) the information that will be provided to residents before decisions are taken; (2) the aspects of each decision on which residents’ views will be sought; and (3) the practical arrangements for obtaining and considering those views. The PAP is required to consult residents on the content of the strategy itself and to revise it where necessary, ensuring that engagement remains a live, iterative process. Copies of the strategy must be supplied to every AP, every adult resident and every owner of a residential unit.

Although the statutory requirement to maintain a formal strategy is confined to Category 1 buildings, all APs—irrespective of building height—must provide prescribed building safety information to residents consistent with the overarching principles of the Bill.

Alongside these information rights, the Bill creates a tiered complaints architecture. In Category 1 buildings, the PAP must establish and operate an internal complaints system capable of investigating “relevant complaints'” – namely, concerns about building-safety risks or about the performance of the AP’s statutory duties. In Category 2 and Category 3 buildings, regulations will require each AP to put in place arrangements for considering such complaints. Every building safety authority must also operate its own complaints scheme, enabling residents or other specified persons to escalate matters externally.

Summary of the proposed regime

The table below sets out a summary of the proposed new regulatory framework:

Conclusion

The Bill has been long-awaited and is due to be enacted in April 2027, nearly 10 years after the Grenfell tragedy. Despite the delay, it is positive to see that Wales has taken a holistic approach to building safety focussing on fire and structural risks in both mid-and high-rise buildings.

The Bill is progressing through the Senedd and is currently being considered by the Housing and Local Government Committee which provided its report on 28 November 2025. The report largely supports the Bill, but highlights significant issues that need to be addressed in relation to funding for local authorities to act in their new role as building safety authority; stronger resident and leaseholder protections; clearer definitions and guidance on accountable person roles; and the need for tougher remediation measures to ensure developers accelerate the fixing of historic building safety defects.

In addition to the Bill, the Welsh Government intends to develop secondary legislation under the BSA which will focus on the design and construction of higher-risk buildings, including the introduction of ‘golden thread’ requirements, duty holders’ responsibilities and mandatory occurrence reporting. On 26 March 2025, the Welsh Government launched an 8-week consultation seeking feedback on its proposals. The results of the consultation were published on 26 November 2025 with the Welsh Government aiming to implement the necessary regulations before the end of 2025 and bring them into force in 2026.

Stakeholders should use this time to plan ahead and make preparations for complying with the Bill. Owners of multi-occupied residential buildings in Wales should consider whether any of their buildings fall within Categories 1, 2 or 3 and if so, identify the duty holders for each building, and carefully consider the new responsibilities that the Bill will introduce.