Wales’ New Building Safety Regime: What changes on 1 July 2026?
On 1 July 2026, significant changes to building safety and building control regulations will come into force in Wales, introducing new duty holder responsibilities for all buildings irrespective of height, competence requirements and enhanced oversight for higher-risk residential buildings.
Whilst the Welsh Government has sought to align the new regime with the framework already operating in England under the Building Safety Act 2022, there are several important differences that developers, designers, contractors and building owners need to understand. Accountability and Competency are at the forefront.
Higher-Risk Buildings: A Different Approach
In Wales, a Higher-Risk Building (HRB) is defined as a building that is:
- 7 storeys or more, or over 18 metres in height; and
- Contains at least one residential unit; or
- Is a hospital or care home meeting the height threshold.
This differs from England, where a residential building generally requires at least two residential units to be subject to the Higher-Risk Building regime.
Perhaps the most significant distinction is that Higher-Risk Buildings in Wales will be overseen by the local authority as the building control authority. In England, responsibility lies with the Building Safety Regulator (BSR), and local authority or private-sector building control routes cannot be used for in-scope buildings.
Introduction of Building Categories
Unlike England, Wales has introduced three categories of building that will require mandatory registration with the Local authority, irrespective of whether someone is carrying out building works. Cat 1 and Cat 2 will require structural and fire safety cases. Cat 3 will require a fire safety case.
Category 1
Buildings over 18 metres or 7 storeys that fall within the Higher-Risk Building regime have at least one residential unit.
Category 2
Buildings between 11m and 18m in height, or 5 storeys, will be subject to the enhanced safety requirements.
Category 3
Any multi-occupied residential building that is under 11m in height or has fewer than 5 storeys. These are subject to fire safety case assessments.
All of these regulated buildings will require registration with the relevant local authority. If these buildings are subject to building work, there are clear procedures to follow, which are outlined in the amended Building Regulations for Wales.
Key Differences from England
Whilst the overall structure is familiar, the Welsh regulations include several notable differences:
- Applications for Higher-Risk Buildings are made to the local authority rather than the Building Safety Regulator.
- Wales does not adopt England’s “independent section” approach, meaning works to part of a building may still be captured by the Higher-Risk Building procedures.
- The regulations are more prescriptive regarding Category A works to existing Higher-Risk Buildings, particularly around fire safety measures and supporting information.
- All submissions will be handled electronically, with no provision for paper documentation.
- Additional information is required within Building Regulations Compliance Statements and Fire and Emergency Files.
- Applications for completion certificates must include details of reports submitted through the Mandatory Occurrence Reporting system.
What Should Duty Holders be Doing Now?
With implementation imminent, organisations should be reviewing projects to determine what category their project falls into and ensuring that appropriate duty holders, competence arrangements and information management processes are in place.
Particular attention should be given to projects operating across both England and Wales, where differing regulatory requirements may affect approvals, project timelines and compliance obligations.
Final Thoughts
The Welsh Government has sought to align its building safety reforms with those already established in England, but the Welsh regime is not a direct replica. The introduction of mandatory registration for all multi-occupancy buildings, the role of local authorities in overseeing Higher-Risk Buildings, and procedural differences mean that duty holders (Clients, Principal designers, Principal contractors) involved on a construction project must understand the specific requirements that apply in Wales.
With the new regulations taking effect on 1 July 2026, now is the time to ensure you are competent to undertake the project, all your processes and procedures are up to date, and teams are prepared for these changes.
If you would like guidance on how the new Welsh building safety regime may affect your organisation or projects, the team at Qualitas Compliance is here to help.
