Implementing the Building Safety (Wales) Act 2026: principal accountable person, registration and fees

This consultation document invites views on the Welsh Government’s proposals for regulations under the Building Safety (Wales) Act 2026. In particular the proposals relate to determinations by the building safety authority regarding who the principal accountable person is for a regulated building, registration of category 1 and 2 buildings with building safety authorities and the fees charged by building safety authorities. 

How to respond

Submit your comments by 18 December 2026, in any of the following ways:

• complete our online form
• download, complete our response form and email: buildingsafety@gov.wales (please include the reference WG54869 in the subject of your email)
• download, complete our response form and post to:

Consultation: WG54869

Building Safety Reform Team
Housing and Regeneration Directorate
Welsh Government
Cathays Park
Cardiff
CF10 3NQ

Further information and related documents

Large print, Braille and alternative language versions of this document are available on request.

Contact details

For further information:

Building Safety Reform Team
Housing and Regeneration Directorate
Welsh Government
Cathays Park
Cardiff
CF10 3NQ

Email: buildingsafety@gov.wales

The Welsh Government will be data controller for Welsh Government consultations and for any personal data you provide as part of your response to the consultation. 

Welsh Ministers have statutory powers they will rely on to process this personal data which will enable them to make informed decisions about how they exercise their public functions. The lawful basis for processing information in this data collection exercise is our public task; that is, exercising our official authority to undertake the core role and functions of the Welsh Government. (Art 6(1)(e)) 

Any response you send us will be seen in full by Welsh Government staff dealing with the issues which this consultation is about or planning future consultations. In the case of joint consultations this may also include other public authorities. Where the Welsh Government undertakes further analysis of consultation responses then this work may be commissioned to be carried out by an accredited third party (e.g. a research organisation or a consultancy company). Any such work will only be undertaken under contract. Welsh Government’s standard terms and conditions for such contracts set out strict requirements for the processing and safekeeping of personal data.

In order to show that the consultation was carried out properly, the Welsh Government intends to publish a summary of the responses to this document. We may also publish responses in full. We publish responses anonymously and your name and contact details will not be included. If you would like your name or other details published alongside your response, please let us know when you submit your response, and we will include them.

You should also be aware of our responsibilities under Freedom of Information legislation and that the Welsh Government may be under a legal obligation to disclose some information.

If your details are published as part of the consultation response then these published reports will be retained indefinitely. Any of your data held otherwise by Welsh Government will be kept for no more than three years.

Your rights

Under the data protection legislation, you have the right:

• to be informed of the personal data held about you and to access it
• to require us to rectify inaccuracies in that data
• to (in certain circumstances) object to or restrict processing
• for (in certain circumstances) your data to be ‘erased’
• to (in certain circumstances) data portability
• to lodge a complaint with the Information Commissioner’s Office (ICO) who is our independent regulator for data protection

For further details about the information the Welsh Government holds and its use, or if you want to exercise your rights under the UK GDPR, please see contact details below:

Data Protection Officer:

Welsh Government
Cathays Park
CARDIFF
CF10 3NQ

e-mail: dataprotectionofficer@gov.wales

The contact details for the Information Commissioner’s Office are: 

Wycliffe House
Water Lane
Wilmslow
Cheshire 
SK9 5AF

Tel: 0303 123 1113

Website: https://ico.org.uk/

1. Lessons from the Grenfell Tower tragedy highlighted the need for clear accountability in relation to those who own and manage relevant buildings. Once implemented, the Building Safety (Wales) Act 2026 (the Act) will establish a new building safety regime in Wales for regulating the assessment and management of building safety risk in multi-occupied residential buildings. The Act introduces a robust and coherent regulatory system, creating clear lines of accountability, imposing a range of statutory duties on relevant “duty-holders” in respect of regulated buildings. Regulated buildings are buildings of any size containing at least 2 residential units, subject to certain exceptions. 
 

2. The Act creates three categories of regulated buildings, determined by a building’s height and the number of storeys it contains with different levels of regulation depending on the building’s category. The tallest buildings are subject to the strictest regulation.

• Category 1 buildings, which are at least 18 metres in height or have at least 7 storeys
• Category 2 buildings, which are less than 18 metres in height and have fewer than 7 storeys but are at least 11 metres in height or have at least 5 storeys
• Category 3 buildings, which are less than 11 metres in height and have fewer than 5 storeys 

3. The fire safety provisions in the Act also apply to houses in multiple occupation, subject to certain exclusions including where the HMO is let under a single joint tenancy.

4. Building Safety Authorities will be responsible for enforcing relevant requirements including the registration of category 1 and category 2 buildings in Wales.

5. The Act and the regulations made under it will be implemented over an extended period. Different aspects of the legislation will come into force at different times, and the new building safety regime will apply to different categories of building in a staggered way. This phased approach, in part, aims to make engaging with the process, specifically our engagement work and formal consultations, more manageable for stakeholders.

6. The Welsh Government consulted earlier this year on the first aspects of the legislation to be implemented. These were proposals regarding:

• Regulations on remediation of certain building defects
• Regulations providing for how the height or number of storeys of a regulated building is to be determined
• Regulations for designating the Building Safety Authorities

7.We will be publishing the outcomes of these consultations in the coming months.

8. This consultation covers the following:

• The principal accountable person - determinations by the building safety authority, 
• registration of category 1 and 2 buildings with the building safety authority, and 
• fees charged by building safety authorities for both registration and PAP determinations by the building safety authority.

9. We will refine these proposals from the responses we receive and, once regulations have been made, will continue to work with stakeholders to ensure the new regime operates effectively in practice.

10. The Act provides the meaning of an accountable person and a principal accountable person in sections 8 and 9 respectively. 

11. However, regulated buildings may have complex ownership or management arrangements in which more than one accountable person might meet the definition of a principal accountable person under section 9 because they have responsibility for different parts of the external structure of a building. In such circumstances, a degree of uncertainty may arise regarding which person should discharge the functions of the principal accountable person.

12. Interested persons can apply to the Residential Property Tribunal for a determination on this matter (see section 11 of the Act). An application such as this might be made, for example, when there is disagreement as to which person is the principal accountable person for the building.

13. Section 10 of the Act provides that where more than one accountable person falls within section 9(3) in respect of different parts of the external structure, they may jointly apply to the building safety authority for a determination as to which one is the principal accountable person for the building. 

14. This is to provide a clear, impartial and transparent process for determining the principal accountable person. The expectation is that this avenue will be utilised where all parties are in broad agreement as to who should be the principal accountable person, but where they are seeking a formal determination to that effect. 

15. Enabling the building safety authority to make the determination provides a more straightforward and cost-effective means to obtaining a determination than an application under section 11. It will help to reduce the number of cases that go to the Residential Property Tribunal, in particular where in practice there may be agreement between the accountable persons. This can help to ensure building safety responsibilities remain clear and that disputes are minimised.

16. Regulations made under section 10 will set out details about how and when applications to the building safety authority must be made, their form and content, their withdrawal, and how they should be determined.

How an application must be made

17. We are proposing that applications must be made electronically in writing using an email or website address published by the building safety authority. 

When an application must be made

18. We are proposing that an application should be able to be made at any time, without restrictions (apart from where an application to the Residential Property Tribunal has been made – see section 10(4)). This is because building ownership can change at any time.

The form and content of an application - the documents that must be included with an application

19. We are proposing that the joint application must include the following:

(a) the name of all applicants;
(b) contact details for all applicants including, address, telephone number and (if available) email address;
(c) confirmation that all persons making the application have consented to that application being made;
(d) confirmation that all parties making the application meet the definition of principal accountable person under section 9;
(e) a description of the area(s) of responsibility for each applicant and the mechanism by which they have those obligations (e.g. lease);
(f) proof of legal estate or repairing obligation (under section 9). This could include, for example: 

• Title documents: official copies of the title register from the HM Land Registry proving who holds a legal estate in possession for parts of the common areas
• Lease agreements: a sample copy or relevant extracts of the leases showing any statutory "relevant repairing obligations" for the structure and external walls.
• Building structure and ownership documents: to decide which entity is "appropriate" to be the principal accountable person.
• Plans/drawings: Site plans or architectural layouts to enable the building safety authority to determine which entity is responsible for the largest structural footprint or the largest portion of residential units.
• Evidence of control: documents or correspondence demonstrating who currently exercises control or management over the common parts.
• Correspondence: copies of emails, letters, or minutes showing previous attempts to resolve who is the principal accountable person with the other parties.

(g) if a fee is payable, the amount required.

20. We think that the above represents the minimum that a building safety authority would require in order to make a determination.

The withdrawal of applications

21. We propose that any of the joint applicants should be able to request to withdraw the application. The withdrawal request would be required to be made in writing to the building safety authority and would need to set out the reasons why the application is to be withdrawn.

The determination of applications

22. Given the numerous factors influencing the length of time it may take the building safety authority to make a determination under section 10, we do not propose to place a time limit on how long this should take. Instead, we propose that this is a matter for guidance.

23. We propose to enable the building safety authority to elect not to proceed in making the determination. This may be because the information provided suggests that the determination would be better left to the Residential Property Tribunal. If the building safety authority decides not to make the determination, it would be required to give an explanation, in writing, to each of the accountable persons party to the application as to why it has arrived at this decision. We propose that the building safety authority must do this within 14 days from receipt of the application.

24. We do not propose to use regulations to establish a set of criteria that must be used in making the determination, but guidance may set out factors or considerations that the building safety authority may wish to take into account. 

25. Where the building safety authority has accepted payment of any fee that may be due, it should be possible to apply for a refund if the building safety authority decides not to make the determination.

26. There is no right of review or appeal against the determination made by the building safety authority. If the determination is disputed, then an application for a determination would need to be made to the Residential Property Tribunal.

Procedure for registering a building, including the form and content of an application

27. The Welsh Ministers are required to make provision in regulations about how an application to register a building must be made and the form and content of an application. Where a new building is occupied before it is registered, the principal accountable person will be guilty of an offence under the Act.

28. In the case of buildings already occupied before the relevant provisions of the Act come into force, the principal accountable person will have an extended period of time (currently expected to be six months) to register the building before the offence referenced above comes into effect.

29. In addition, the application of the registration provisions to category 1 and 2 buildings will be phased, so that the requirement to register a category 1 building, and the offence of allowing a category 1 building to be occupied but not registered will apply first, with the requirement to register a category 2 building occurring at a later date. 

30. Our intention is that the registration process should only require the provision of core information about the building. Furthermore, the application itself should be straightforward to both complete and submit. This will help ensure a building can be registered swiftly without unduly delaying occupation.

31. We therefore propose that the application for registration must contain the following information:

(a) the address of the building;
(b) the category of the building;
(c) the height of the building;
(d) the number of storeys in the building;
(e) the number of residential units in the building;
(f) the name of the principal accountable person for the building;
(g) an address in the United Kingdom at whic‍h an enforcing authority may give notices and other documents to the principal accountable person under the Act and regulations;
(h) the telephone number (if any) and email address (if any) of the principal accountable person;
(i) the name of every other accountable person (if any) in the building
(j) the telephone number (if any) and email address (if any) of every other accountable person;
(k) details of the part of the building for which each other accountable person is responsible;
(l) where the principal accountable person is not an individual, whether the principal accountable person is:

• a local authority,
• a private registered provider of social housing,
• a registered social landlord within the meaning given by Part 1 of the Housing Act 1996, 
• a commonhold association as defined by section 1 of the Commonhold and Leasehold Reform Act 2002,
• a resident management company,
• a right to manage company as defined by section 73(24) of the Commonhold and Leasehold Reform Act 2002, or
• where the principal accountable person is not an authority or body of a type listed above, details of the type of organisation it is.

(m) for a principal accountable person that is not an individual, the name and address of the individual who will act as a single point of contact for the principal accountable person for the purposes of the registration application.
(n) where a principal accountable person has authorised a person to make an application on their behalf:

• confirmation from that person that they are authorised by that principal accountable person to act on their behalf, and
• the name and address of that person.

32. The information we propose to require is the minimum we consider necessary for a building safety authority to a) be able to register a building and b) retain for the purposes of completing the register entry (see below). The names and contact details required are those we think will be necessary to facilitate the rapid determination of the application and subsequently enable enforcing authorities to communicate with the right duty holders and ensure they are complying with their duties. Details of the type of organisation a principal accountable person constitutes will be useful in determining the level of support that might need to be provided to facilitate compliance with duties.

33. For category 1 buildings that are constructed after July 2026 and which have gone through the new Gateway 3 process, we also propose that the principal accountable person be required to confirm, as part of the registration process, that either a partial or full completion certificate is in place, which authority issued it, and the date on which that certificate was issued.

34. While the purpose of registration is not to ensure that, at the point of registration, a building is safe, it would not be appropriate for a category 1 building to be occupied where there is no completion (or partial completion) certificate in place. These certificates are the only point where the building control body will have confirmed, as far as reasonably possible, that the completed work complies with relevant building regulations. Therefore, we consider it important that the principal accountable person for a relevant category 1 building confirms a certificate is in place before a building is registered and any part of it occupied.

35. We are not currently proposing principal accountable persons are required to provide confirmation that a completion certificate or final certificate has been issued for newly constructed or refurbished category 2 buildings. These buildings are not required to follow the same gateway process as category 1 buildings and are already subject to different treatment at the design and construction stage due to the lower level of risk associated with them. However, we would be interested to hear the views of consultees about this.

36. In relation to the method of application, we propose that as a minimum the application must be made in writing and electronically through an address published by the building safety authority. Work is currently underway to develop an all-Wales IT solution to support registration and other building safety authority activities. If that work is successfully concluded, we intend that a standard application form requiring the input of all the prescribed information will be hosted online. This would make the use of the on-line application form a de facto requirement.

The building safety authority must keep a register of category 1 and 2 buildings

37. The Act requires each building safety authority to keep a register of the category 1 and category 2 buildings for which it is the building safety authority. A list of the information that must be included in the register entry for each building is set out in the Act. That same information has been incorporated into the list of information we propose is submitted as part of the registration application (see section 32). In addition, the Act provides for regulations to specify other information and documents to be included in the register entry. We propose to use this power so that all the information that must be submitted as part of the registration application is included in the register entry. This means that the register would contain all of the information referred to in paragraphs 32 and 34. 

38. Once a category 1 building is registered and occupied, a building safety authority may, at any time, direct the principal accountable person to apply for a building certificate. Building certificates are issued by a building safety authority where they are satisfied that all relevant duties under the Act are being complied with. We propose that information about the building certificate application is held on the register under the entry for a category 1 building, including whether a direction has been issued to apply for a certificate, the date on which an application was received, and the date on which a building certificate was issued or refused. The purpose of doing so relates to the information held on the register that should be publicly available and is explored in more detail below.

39. We will consider whether other information contained within the golden thread or key building information, that is submitted to the building safety authority, should be required to be held on the register. Of course, the building safety authority may hold information on the same database without this being a requirement of law, but for some information it might be better to make it a requirement in law to ensure a consistent approach across the three building safety authorities. We will consider this when we consult further on the content of the golden thread.

The building safety authority to provide for publication of register information

40. The Act provides for regulations to set out whether, and to what extent, a building safety authority must publish the register or information or documents within it.

41. Our intention is to create a system that supports transparency by allowing residents and others access to important information about their building. This might include people considering buying or renting a flat in a building. We believe this could be achieved through making relevant information on the register publicly available, while ensuring sensitive or personal information is appropriately safeguarded.

42. Of the information we have proposed should be held on the register, we propose regulations stipulate that the following information is made available on the public facing register:

(a) the address of the building;
(b) the category of the building;
(c) the height of the building; 
(d) the number of storeys in the building; and
(e)the name of the principal accountable person for the building.

43. We consider this to be the minimum level of information a member of the public, including a resident of a category 1 or 2 building, would need to understand whether a building is registered, what building safety related duties might apply in connection with that building, and who would have overall responsibility for discharging those duties and ensuring that others are doing so. Enabling easy public access to this information will be vital to ensuring transparency and public accountability.

44. In addition, we propose that the information relating to the building certificate held on the register is made publicly available. This could provide assurance, for example that where one is not currently displayed within the building, it is because a direction has not yet been issued requiring the application be made, or that the application is currently under consideration. Publication of this information may also usefully inform residents that a certificate is in place but not currently displayed.

Principal accountable persons to give declaration about accuracy of information and documents included in register

45. Under the Act, the principal accountable person for a registered category 1 or category 2 building, within each five-year period, must provide the building safety authority with a relevant declaration. A relevant declaration is a declaration confirming the accuracy of the information and documents included in the entry for the building in the authority’s register. The Act provides for regulations to be made that make provision about (a) the form and content of a relevant declaration and (b) how a relevant declaration must be given.

46. As with the application to register, we propose, as a minimum, the regulations require the declaration should be made in writing and electronically through an address published by the building safety authority. This may be an email address or web address. If the work to develop an IT solution previously mentioned is successfully concluded, we intend that the relevant declaration form will be hosted online and propose that the regulations will require all declarations to be made via the relevant website address. 

Applications by principal accountable persons for the removal of buildings from the register, including the form and content of application

47. The Act enables the Welsh Ministers to make provision about how an application by a principal accountable person to remove a building from the register must be made, its form and content, and anything else that must be included with it.

48. We want this to be a clear and consistent process that enables the building safety authority to determine whether a building should be removed from the register. As with applications to register and relevant declarations, and to ensure this consistency, we propose that an application for removal must be made in writing electronically through an address published by the building safety authority. Again, our strong preference would be that a relevant form is hosted online, and applications are made via the relevant website address.

49. We propose that the principal accountable person must be required to provide the following details as part of their application:

(a) their full name and contact details;
(b) the full address and postcode of the building;
(c) the reason that the application is being made;
(d) the date on which the building should cease to be registered; and
(e) any other information necessary to support the application.

Provisions for the charging of fees by building safety authorities for exercising any of their functions under section 125(1) of the Act 

50. Section 125 of the Act enables the Welsh Ministers to make provision regarding charges payable in connection with the exercise of regulatory functions.

51. Effective regulation requires appropriately skilled staff, specialist expertise, technical systems and ongoing monitoring arrangements. 

52. As such, a charging regime can support:

a) effective and sustainable regulation;
b) recovery of costs associated with regulatory activity;
c) consistency and transparency for industry;
d) fair allocation of regulatory costs; and
e) improved accountability in regulatory decision-making.

53. We intend that regulations made under section 125 would require the Welsh Ministers to prepare and publish a charging scheme setting out the charges payable for specified activities and services provided by the building safety authority. However, we plan to further consult on this.

54. For the purposes of this consultation, we are only seeking views on the fees that may be charged by the building safety authority in relation to registration and the determination by the building safety authority of the principal accountable person. 

Fees applying under section 10 of the Act - principal accountable person determination by building safety authority

55. We propose a fee of £100 to be charged by the building safety authority for making a determination as to who is the principal accountable person for a regulated building (under section 10 of the Act and regulations made under it).

56. A determination may be sought from the Residential Property Tribunal regarding who the principal accountable person for a building is (and other matters, see section 11(1)), and therefore until such time that the costs of the building safety authority have been fully considered, we believe that a fee comparable with, but lower than, that which the tribunal may charge, is proportionate. 

57. We believe that setting the fee at £100, alongside the expectation that such determinations should be more quickly delivered by the building safety authority than the Residential Property Tribunal, incentivises accountable persons to apply to the building safety authority. We consider this places decision-making with the appropriate body and helps to safeguard tribunal capacity for decisions requiring independent judicial determination.

58. Where the building safety authority declines to make the determination as to who is the principal accountable person for the building, for example, where information provided with the application suggests a complex ownership model more suited to a determination by the tribunal, an application would need to be made to the Residential Property Tribunal.

59. We consider that a request for a refund could then be made for any fee paid to the building safety authority.

Fees applying under section 20 of the Act – registration procedure

60. We propose a fee of £250 to be paid by the principal accountable person when applying to register a regulated category 1 or category 2 building.

61. The proposed fee of £250 is broadly consistent with fees charged in similar regimes elsewhere in the UK.

62. This fee may be subject to change in future, including when considered as part of a wider fee-scheme.

Our approach to implementing the new building safety regime is both collaborative and user-centric. We intend to develop and co-produce supporting guidance for regulations with the stakeholders who will actually use it, to ensure the documentation remains practical, clear and relevant to everyday workflows. We believe that stakeholders are best placed to determine what guidance they will need.

This consultation will close on 18 December 2026. Responses to this consultation will be analysed and a Welsh Government Response will follow.