2024 No. 447 (W. 75) (C. 26)

Building And Buildings, Wales

The Building Safety Act 2022 (Commencement No. 5 and Consequential Amendments) (Wales) Regulations 2024

Made2 April 2024

Laid before Senedd Cymru4 April 2024

Coming into force25 April 2024

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by section 167(1), (2)(a) and (3)(a) and section 170(4)(b)(vi) of the Building Safety Act 20221.

Title, coming into force, interpretation and application1

1

The title of these Regulations is the Building Safety Act 2022 (Commencement No. 5 and Consequential Amendments) (Wales) Regulations 2024 and they come into force on 25 April 2024.

2

In these Regulations—

“2005 Order” (“Gorchymyn 2005”) means the Regulatory Reform (Fire Safety) Order 20052;
“2012 Regulations” (“Rheoliadau 2012”) means the Energy Performance of Buildings (England and Wales) Regulations 20123;
“Approved Inspectors Regulations” (“Rheoliadau Arolygwyr Cymeradwy”) means the Building (Approved Inspectors etc.) Regulations 20104.

3

These Regulations apply in relation to Wales.

Provision coming into force on 25 April 20242

Section 49(1) and (2) of the Building Safety Act 2022 comes into force on 25 April 2024.

Amendments to the Approved Inspectors Regulations3

In the following provisions (including headings) of the Approved Inspectors Regulations, for “approved inspector”, in each place it occurs, including where it only occurs once, substitute “approver”—

a

the heading of Part 3;

b

regulation 85, including in the heading;

c

regulation 96, including in the heading;

d

regulation 12, including in the heading;

e

regulation 13, including in the heading;

f

regulation 167;

g

regulation 18;

h

regulation 20(1)8;

i

regulation 20(5)(a);

j

regulation 20(6), in substituted paragraph 4(a);

k

regulation 20(6A)9, in substituted paragraph 3;

l

Schedule 210;

m

Schedule 311, including in the heading of paragraph 5;

n

Schedule 412, including in the heading of paragraph 4.

Amendments to the 2005 Order4

1

The 2005 Order is amended as follows.

2

In article 30(5)(c) after “the approved inspector”, insert “or registered building control approver”.

3

In article 46(3) for “an approved inspector within the meaning of section 49 of the Building Act 1984” substitute “a registered building control approver within the meaning of section 58N of the Building Act 1984”.

Amendment to the 2012 Regulations5

In regulation 32(1)(c)13 of the 2012 Regulations for “an approved inspector for the purposes of the inspector’s” substitute “a registered building control approver for the purposes of the approver’s”.

Transitional provision6

The amendments in regulations 3, 4(3) and 5 do not apply to a person who, by virtue of regulation 4 of the Building Safety Act 2022 (Commencement No 4, Transitional and Savings Provisions) (Wales) Regulations 202414, continues in the capacity of an approved inspector on or after 6 April 2024.

Julie JamesCabinet Secretary for Housing, Local Government and Planning, one of the Welsh Ministers2 April 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215) (“the Approved Inspectors Regulations”), the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) (“the 2005 Order”) and the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118) (“the 2012 Regulations”) in consequence of Part 3 of the Building Safety Act 2022 (“the 2022 Act”). Regulation 2 of these Regulations commences section 49(1) and (2) of the 2022 Act.

Part 3 of the 2022 Act amends the Building Act 1984 (“the 1984 Act”) and defines the scope and provisions for the regime during the design and construction phase for higher-risk buildings. It also provides for the registration of building inspectors and building control approvers to better regulate and improve competence levels in the building control sector.

Regulation 3 of these Regulations amends specific provisions of the Approved Inspectors Regulations to amend references to “approved inspector” to “approver” so that they will continue to apply to registered building control approvers. The term “approver” is defined in regulation 2 of the Approved Inspectors Regulations as being a “registered building control approver”.

Regulation 4 amends the 2005 Order and regulation 5 amends the 2012 Regulations to similar effect but inserts the terms which are in keeping with those instruments.

Despite the amendments made by regulations 3, 4 and 5 of these Regulations, the Approved Inspectors Regulations will continue to apply to approved inspectors for the transition period (6 April 2024 to 1 October 2024).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this instrument.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the 2022 Act have been brought into force in relation to Wales by commencement regulations made before the date of these Regulations.

Provision	Date of Commencement	S.I. No.
Section 2(2) and Schedule 1	28 June 2022	2022/561 (C. 28)
Section 31 (partially)	9 December 2022	2022/1287 (W. 261) (C. 104)
Section 32(1) and 32(4)	5 September 2023	2023/914 (W. 141) (C. 50)
Section 32(3) (partially)	5 September 2023	2023/914 (W. 141) (C. 50)
Section 32(3) (for all remaining purposes) (so far as it relates to section 91ZD of the Building Act 1984 (“the 1984 Act”)	6 April 2024	2024/207 (W. 39) (C. 10)
Section 33 (partially)	6 April 2023	2023/362 (C. 15)
Section 33 (for all remaining purposes)	5 September 2023	2023/914 (W. 141) (C. 50)
Section 34	5 September 2023	2023/914 (W. 141) (C. 50)
Section 35	5 September 2023	2023/914 (W. 141) (C. 50)
Section 36 (partially)	5 September 2023	2023/914 (W. 141) (C. 50)
Section 37 (partially)	5 September 2023	2023/914 (W. 141) (C. 50)
Section 38 (partially)	5 September 2023	2023/914 (W. 141) (C. 50)
Section 39 (partially)	5 September 2023	2023/914 (W. 141) (C. 50)
Section 40	6 April 2024	2024/207 (W. 39) (C. 10)
Section 41	5 September 2023	2023/914 (W. 141) (C. 50)
Section 42 (partially)	5 September 2023	2023/914 (W. 141) (C. 50)
Section 42 (partially)	1 January 2024	2023/914 (W. 141) (C. 50)
Section 42 (so far as it relates to inserting section 58Z2 into the 1984 Act)	6 April 2024	2024/207 (W. 39) (C. 10)
Section 42 (for all remaining purposes, except so far as it relates to sections 58Z7 and 58Z10 of the 1984 Act and inserting section 58Z2 into the 1984 Act)	6 April 2024	2024/207 (W. 39) (C. 10)
Section 43	6 April 2024	2024/207 (W. 39) (C. 10)
Section 44 (partially)	5 September 2023	2023/914 (W. 141) (C. 50)
Section 44 (for all remaining purposes)	6 April 2024	2024/207 (W. 39) (C. 10)
Section 46 (partially)	5 September 2023	2023/914 (W. 141) (C. 50)
Section 46 (for all remaining purposes)	6 April 2024	2024/207 (W. 39) (C. 10)
Section 47	5 September 2023	2023/914 (W. 141) (C. 50)
Section 48	28 July 2022	2022/774 (W. 169) (C. 47)
Section 49 (partially)	5 September 2023	2023/914 (W. 141) (C. 50)
Section 50 (partially)	5 September 2023	2023/914 (W. 141) (C. 50)
Section 50 (for all remaining purposes)	6 April 2024	2024/207 (W. 39) (C. 10)
Section 51 (partially)	5 September 2023	2023/914 (W. 141) (C. 50)
Section 51 (for all remaining purposes)	6 April 2024	2024/207 (W. 39) (C. 10)
Section 52 (partially)	5 September 2023	2023/914 (W. 141) (C. 50)
Section 52 (for all remaining purposes)	6 April 2024	2024/207 (W. 39) (C. 10)
Section 53(2) and (3)(a)(ii) and (iii) and (3)(b)	6 April 2024	2024/207 (W. 39) (C. 10)
Section 55	9 December 2022	2022/1287 (W. 261) (C. 104)
Section 56	5 September 2023	2023/914 (W. 141) (C. 50)
Section 57	5 September 2023	2023/914 (W. 141) (C. 50)
Sections 130 and 131	28 June 2022	2022/561 (C. 28)
Section 132 (partially)	28 May 2022	2022/561 (C. 28)
Section 132 (for all remaining purposes)	28 June 2022	2022/561 (C. 28)
Section 156 except sub-section (4) (and sub-section (8) so far as relating to article 22B of the Regulatory Reform (Fire Safety) Order 2005)	1 October 2023	2023/914 (W. 141) (C. 50)
Schedule 4	6 April 2024	2024/207 (W. 39) (C. 10)
Schedule 5, paragraphs 1, 77 (partially), 78 and 81 (partially)	9 December 2022	2022/1287 (W. 261) (C. 104)
Schedule 5, paragraphs 2, 3, 4(1) and 4(2), 5(1) and 5(2), 6, 9, 10, 11(1), 11(2) and 11(3), 12(1) and 12(2), 13(1), 13(2), 13(5) and 13(6), 14(1), 14(2), 14(3)(b) and 14(4)(b), 15(1) to 15(5) and 15(9), 16, 17, 22(1) and 22(8), 40(1) and 40(3), 42(1) and 42(3), 46(1) and 46(2), 50, 51, 53, 55(1), 55(4)(a) and 55(6), 57(1) and 57(3), 67, 71, 74(1) and 74(2), 75, 76(1) and 76(3), 80 (partially), 81 (partially), 82, 83(1), 83(2), 83(3) (partially), 83(7), 83(8) and 83(9), 84(1) and 84(3)	5 September 2023	2023/914 (W. 141) (C. 50)
Schedule 5, paragraph 56	6 April 2024	2024/207 (W. 39) (C. 10)
Schedule 5 (except for the paragraphs listed in the Schedule to S.I. 2024/207 and subject to the exceptions in section 170(4)(b)(viii)(A) and (B) of the Building Safety Act 2022)	6 April 2024	2024/207 (W. 39) (C. 10)
Schedule 6, paragraph 30 (partially)	5 September 2023	2023/914 (W. 141) (C. 50)
Schedule 6 (for all remaining purposes, subject to the exceptions in section 170(4)(b)(ix) of the Building Safety Act 2022)	6 April 2024	2024/207 (W. 39) (C. 10)