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