The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025 and related regulation (WGC 001/2026)

Circular number: WGC 001/2026

Date issued: 6 January 2026

Status: For information

Title: The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025 and related regulation

Issued by: Julia Ashford – Building Safety/Building Regulations Policy

Addressed to: 

Local Authority Chief Executives
Welsh Local Government Association 
Local Authority Building Control
Association of Building Control Approvers

Please forward to:

Local Authority Building Control Officers
Members of the Senedd

Summary: 

The purpose of this Circular is to draw attention to the making of new regulations that amend the Building Regulations 2010, the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 and other related legislation.

For further information contact:

Building Regulations Team
Welsh Government Offices
Cardiff
CF10 3NQ  

Direct line: 0300 062 5223
E-mail: enquiries.brconstruction@gov.wales
Website: building and planning 

1. I am directed by the Welsh Ministers to draw your attention to the changes introduced by the following Regulations which come into force on 1 July 2026:  The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025 and The Building Act 1984 (Commencement No.1) (Wales) Regulations 2025.
    
2. The purpose of this Circular is to draw attention to the new secondary legislation and introduce the changes they bring. 
    
3. These Regulations amend the Building Regulations 2010 and the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 and other related legislation in Wales. 
    
4. These changes continue the implementation of Part 3 of the Building Safety Act 2022, 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.

5. This circular applies to all stakeholders involved in building design, construction, and control in Wales, including:

• designers, contractors, and people who have building work carried out (clients)
• local authorities
• registered building control approvers
• fire safety enforcing authorities

6. It outlines the key provisions introduced by the Regulations including transitional arrangements.

7. Dutyholders and Competence Requirements

• The provisions set out in 11R to Z8 are largely equivalent to 11A to 11Q which are already in place in the Building Regulations 2010 but only apply in England. The principal difference in the provisions between Wales and England is for Domestic Clients, as outlined in regulation 11T.
• These provisions introduce new roles and responsibilities for those involved in building work, ensuring that individuals are competent and accountable.
• Under new regulation 11V clients must ensure they appoint competent designers and contractors. Designers and contractors must demonstrate competence and cooperate throughout the project lifecycle.
• Domestic Clients are people who have building work completed on their own property. We have added provisions within regulation 11T to allow Domestic Clients, where they consider themselves to have the relevant competence, to take on certain client duties themselves.
• This is intended to allow competent individuals to oversee building work themselves and allow flexibility for people carrying out work on their own homes and only hiring contractors for small parts of a larger project.

8. Building Control Approval Process

• Regulations 6 & 7 replaces the “deposit of plans” system with a new application-based process for building control approval. This is largely modelled on the existing process but with modifications for dutyholders. New provisions are added related to local authorities sharing information where required.

9. Commencement of building work

• Regulation 9 sets out a new notification for when work is to be regarded as commenced alongside a new definition of commencement of building work. This is in line with provisions introduced by the Building Safety Act 2022 for the automatic lapse of building control approval after 3 years where work hasn’t commenced.

10. Fire Safety Compliance

• Regulation 10 makes stronger requirements for the provision and acknowledgment of fire safety information. The responsible person must confirm receipt and that the information is sufficient.
• Requirements for local authorities to consult with Fire Safety enforcing authorities have been brought into the Building Regulations 2010. They largely replicate the existing requirements in the Regulatory Reform (Fire Safety Order) 2005 but expand them to include ‘material alterations’.

11. Enforcement and Appeals

• Regulation 11 sets out new regulations 18F to 18I in the Building Regulations 2010 which empowers local authorities with new enforcement tools and introduces appeal rights to support fair and transparent decision-making.
• New regulations 47I to 47P allows local authorities to issue compliance notices and stop notices and these regulations provide the content and process for doing so.
• New appeal rights are available for decisions on building control approval, compliance and stop notices and commencement notices.

12. Amendments to other legislation

• Regulation 16 introduces new chargeable functions to the Building (Local Authority Charges) Regulations 2010 for new local authority functions in relation to higher-risk buildings, as well as updating terminology.
• Regulation 17 makes various amendments to the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 to align procedures and forms with the new building control framework, particularly new provisions in relation to dutyholders and commencement of work described above. Changes include notices, forms, and cancellation processes.
• Regulation 18 outlines the list of restricted functions in regulation 3 of the Building (Restricted Activities and Functions) (Wales) Regulations 2024 has been expanded to include new activities such as issuing compliance and stop notices and determining staged approvals and change control applications for higher-risk building work.

13. Transitional Arrangements

• Transitional provisions ensure that work commenced or approved before 1 July 2026 is managed under the regime as it operated immediately before these changes.

14. Other Amendments

• Regulations 12 omits regulations (45 and 46) in line with the commencement of section 33 of the Building Act 1984.
• Regulation 15 makes minor amendments to regulations 44ZAA (particulars of connection to public electronic communications network) and 44C (interpretation of Part 9A and of Part R of Schedule 1) to provide clarity in relation to the requirements for developers providing public electronic communications networks.

15. The Building Act 1984 (Commencement No. 1) (Wales) Regulations 2025 commences section 33 of the Building Act 1984, which relates to tests for conformity with building regulations.

16. The Regulations come into force on 1 July 2026.
     
17. Transitional provisions apply to work commenced or approved before this date.

1. The full Explanatory Memorandum and Regulatory Impact Assessment is available on the Senedd Website. Stakeholders are encouraged to familiarise themselves with the new requirements and prepare for implementation.
    
2. We intend to publish further guidance on the implementation of the Regulations in due course.

Any enquiries on this Circular Letter should be addressed to:

Mark Tambini
Building Regulations
Welsh Government
Rhydycar
Merthyr Tydfil
CF48 1UZ

E mail: enquiries.brconstruction@gov.wales 

Yours faithfully,
Mark Tambini 
Head of Building Regulations Policy