The Welsh government has set out how it is proposing to implement a more stringent building control regime to tighten responsibility and accountability for safety for those designing, constructing and operating higher-risk buildings (HRBs) across the principality.
The consultation, which closes on 25 May 2025, sets out new duties for decision-makers and fresh enforcement powers for local authorities. It forms a key part of the Welsh government’s approach to adopting principles and legislation from the Building Safety Act 2022.
The act granted Welsh ministers powers to make secondary legislation, some of which is taking a different approach to that in force in England.
The Welsh government intends to adopt similar requirements to those in England by establishing a new regulatory framework for buildings classified as higher-risk and introducing new dutyholder roles that define clear responsibilities for individuals and organisations involved in building projects and align with those in England.
This includes using the same dutyholder titles as those in England which has caused confusion and come in for criticism because of the titles used under the building regulations are the same as those used in the CDM regulations, although the roles and responsibilities differ.
Titles confusion
The Welsh government consultation acknowledges “initial feedback” that duplicating the titles ‘principal designer’ and ‘principal contractor’ is causing issues, but says it proposes to retain them so they align with other regulatory frameworks. However, it may consider amending these titles depending on feedback to the consultation.
The consultation proposes gateway processes for HRBs and the need to maintain a golden thread of information.
However, in Wales an HRB is one that is at least 18 metres tall or has at least seven storeys and also contains at least one residential unit, or is a hospital, care home or children’s home.
In England, the HRB regime kicks in at the same height, but the building requires two or more residential units before being classified as an HRB.
England’s more stringent building control regime for HRBs came into force in October 2023 when the Building Safety Regulator (BSR) became the building control authority for all HRBs, and a new dutyholder and competence regime was rolled out for all buildings.
Relevant local authority
A key difference in Wales is that the building control authority for HRBs will be the relevant local authority (LA). To overcome possible conflicts of interest, when a local authority carries out HRB work that it is overseen by its own building control team, the work would additionally be overseen by another local authority.
A further significant proposal is the introduction of Gateways 2 and 3 as in England. Gateway 2 provides a ‘hard stop’ point where it will be an offence for the dutyholders to start work without approval.
In England there has been a massive backlash against the way this is being implemented, because the BSR has been missing its statutory time limits for decisions to be made, leading to long delays starting on site.
APS president elect Bryn Wilde and fellow Welsh board member Ceri Camilleri have met with the Welsh Government Building Regulations Team and cross-party elected members in the Senedd to put forward the views of APS and its members.
Wilde said: “APS will be responding fully on the consultation document and has urged all our members to get involved and make sure that your views on this important legislation are heard.”
