Much of the new building safety regime in Wales will be implemented on 1 July. APS president-elect Dr Bryn Wilde looks at the recent developments in Wales that have got us to this point.
On 9 December 2025, the Senedd agreed the legislative consent motion for the Building Safety (Wales) Bill, allowing it to progress to Stage 2, where a committee will undertake detailed scrutiny and consider any amendments.
The bill’s overarching purpose is to strengthen the safety of people living in multi-occupied residential buildings in Wales and seeks to achieve this by establishing a regime for the occupation phase that will:
- identify those on whom statutory duties under the bill are to be placed (during the occupation phase);
- require the registration of certain regulated buildings ie those at least 11 metres in height or which have at least five storeys with a building safety authority;
- confer new functions on the “building safety authority”, which are each of the local authorities in Wales;
- confer new functions on the “fire safety authority” in Wales, which are each fire and rescue authority for an area in Wales or a fire inspector (with regards regulation of Crown Buildings);
- create duties to assess and manage fire safety risks in all in-scope buildings;
- create duties to assess and manage structural safety risks in in-scope buildings that are at least 11 metres high or which have at least five storeys;
- put in place new rights for residents and place duties on them in respect of all in-scope buildings;
- establish a new enforcement regime to enable enforcement action to be taken if the new duties are not met.
The bill defines three categories of multi-occupied residential buildings based on height and number of storeys, with regulation increasing in stringency for taller buildings. It applies to all residential buildings containing two or more units, subject to limited exceptions. Regulated buildings fall into three categories:
Category 1: at least 18 metres or seven storeys – will be subject to both fire safety and structural safety duties and registration.
Category 2: below 18 metres and fewer than seven storeys, but at least 11 metres or five storeys – will be subject to both fire safety and structural safety duties and registration.
Category 3: below 11 metres and fewer than five storeys – will be subject to fire safety requirements.
Fire safety provisions will also apply to houses in multiple occupation (HMOs) not let under a single joint tenancy.
Current estimates indicate 180 Category 1 buildings, 449 Category 2 buildings, 51,000 Category 3 buildings, and around 15,000 HMO in Wales. Unlike the approach in England, Wales will adopt a local authority-led regulatory system, with councils responsible for oversight across all building types.
Proposed new building control regime – consultation response
While the Building Safety Act 2022 and its secondary legislation in England established a more stringent building control and dutyholder and competence regime, this hasn’t yet been applied to Wales. Following consultation on a new building control regime for higher-risk buildings and wider changes to building regulations, the Welsh government published a summary of responses and its position on 26 November 2025.
The consultation covered dutyholder responsibilities and competence requirements, the golden thread of building information, gateway processes, mandatory occurrence reporting, compliance and stop notices, and a new process for local authorities undertaking higher-risk building work.
It also addressed wider regulatory changes, including reforms to non-higher-risk building work applications, automatic lapsing of building control approval after three years, and arrangements for public bodies carrying out higher-risk work, alongside transitional provisions. It seeks to have a level of consistency with the processes now in place in England, while meeting specific Welsh requirements.
The next phase involved drafting amendments to regulations in line with consultation outcomes, with the intention that they come into force six months after being made. The government has indicated that further consideration will be given to the level of detail required in regulations and guidance, and that additional policy development may be needed due to the technical nature of issues raised.
Building regulations amendments
In June 2025, Circular WGC 004/2025 announced amendments to the Building Regulations 2010 (as amended) and updates to Approved Document B (Fire Safety) Volumes 1 and 2, as well as the publication of a new Approved Document 7. A consultation on changes to Building Regulations Parts L (conservation of fuel and power), F (ventilation), and O (overheating), along with associated guidance, closed on 17 November 2025.
Additionally, in January 2026 the government has published two circulars to draw the attention of building control professionals and authorities to amendments made to the Building Regulations 2010, the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 and other related legislation.
The first circular WGC 001/2026 details changes that continue the implementation of Part 3 of the Building Safety Act 2022, which covers the design and construction phase, and form part of a broader programme to improve building safety, particularly in higher-risk buildings, by strengthening the building control system and clarifying responsibilities and accountabilities.
The key provisions introduced by the Building etc (Amendment) (No. 2) (Wales) Regulations 2025 that come into force on 1 July 2026 are associated with:
- dutyholders and competence requirements;
- building control approval process;
- commencement of building work;
- fire safety compliance;
- enforcement and appeals;
- amendments to other legislation;
- transitional arrangements;
- other amendments.
The key provisions of the Building Act 1984 (Commencement No. 1) (Wales) Regulations 2025, which also come into force on 1 July 2026, commences section 33 of the Building Act 1984, which relates to tests for conformity with building regulations.
The second circular WGC 002/2026 details The Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 and the Building Safety Act 2022 (Commencement No. 6) (Wales) Regulations 2025 which are also scheduled to come into force on 1 July 2026.
These regulations introduce a new procedural framework for building control in relation to higher-risk buildings with the aim of improving safety, transparency and accountability in the design and construction of HRBs. Unlike in England, an HRB in Wales (for the design and construction phase) is a building at least 18 metres high or with at least seven storeys, and which contains at least one residential unit, whereas in England this is two residential units, or is a hospital, care home or a children’s home.
The regulations establish a comprehensive approval and oversight process for HRB work, to enhance safety from initial design to final completion of building work.
One key difference to the HRB regime in England, is that local authorities will be the building control authority for HRBs in Wales, whereas in England, that function is carried out by the Building Safety Regulator.
The key provisions introduced by The Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 are centred around the:
- building control approval process;
- change control mechanism;
- golden thread and handover of information;
- mandatory occurrence reporting;
- completion and partial completion certificates;
- regularisation and appeals
- transitional provisions, miscellaneous amendments and exemptions.
The key provisions of the Building Safety Act 2022 (Commencement No. 6) (Wales) Regulations 2025 are to enable the continued implementation of the Building Safety Act 2022 and bring into force certain provisions of Part 3 (amendments to the Building Act 1984) and of Schedule 5 of the 2022 Act in relation to Wales.
Further consultations
In December 2025, the Welsh government announced a review of building control delivery models in Wales, following recommendations from the Audit Wales report Cracks in the Foundations and the Grenfell Tower Inquiry Phase 2 Report.
Local partnerships have been commissioned to assess whether the current mixed-market approach remains appropriate and effective in ensuring building safety. APS will be engaging in this process.
