The Building Safety Act 2022 (BSA) has revolutionised the safety landscape for higher-risk buildings (HRBs) in England, establishing a robust regime that came into effect on 1 October 2023. This act, along with its secondary legislation, places the Building Safety Regulator at the helm for all HRBs in England. However, the scenario in Wales differs significantly due to the devolved powers held by the Welsh Government.
Wales’ Distinct Approach to Building Safety
Since 2011, Wales has had the authority to craft its own building regulations under the Building Act 1984, this can be seen in already existing nuanced differences in building regulations. While the BSA impacts Wales, it notably empowers the Welsh Government to define HRBs for the design and construction phase, as seen under section 31 of the BSA.
Key Differences in Definitions and Authorities
- Jurisdiction: Unlike England, where the Building Safety Regulator oversees HRBs, Wales has the power to establish its own equivalent authority, ensuring localised control and regulation.
- Definition of HRBs: The newly minted Higher-Risk Building Wales Regulations, effective 1 January 2024. It stipulates that HRBs in Wales are buildings at least 18 meters tall or with seven storeys. And must contain at least one residential unit, a hospital with overnight stays, a care home, or a children’s home. This is a notable contrast to England’s requirement of two or more residential units.
- Inclusion of Children’s Homes: Welsh regulations explicitly include children’s homes as HRBs. Whereas in England, such facilities fall under broader categories like student accommodation if they meet specific thresholds.
Building Safety in Wales written statement
Julie James, the Minister for Climate Change, has noted the following
“It is our intention to go significantly further than the building safety regime introduced in England via the Building Safety Act 2022. Our new regime will capture all multi-occupied residential buildings in Wales which contain two or more residential units regardless of height. Any buildings exempt from the new regime will be clearly set out in legislation.”
As such be prepared for updates in the coming months regarding Building Safety in Wales.
