Building Safety in Wales – Developers take note: a different system for higher-risk buildings…

The UK Government has created the Building Safety Regulator (BSR), a new independent body within the Health and Safety Executive (HSE), to oversee the new regime and act as the building control authority for higher-risk buildings. In Wales, any new work on higher-risk buildings must now be overseen by local authorities.

The Welsh Government has also set its own definition of higher risk buildings which is different to the definition in England.

This is the Welsh description of higher-risk building:

3.  A higher-risk building for the purposes of section 120I(2) of the Building Act 1984 is a building (including a structure) that—

(a)is—

(i)at least 18 metres in height (when measured in accordance with regulation 4), or

(ii)has at least 7 storeys (when calculated in accordance with regulation 5), and

(b)contains—

(i)at least one residential unit,

(ii)a hospital that has at least one bed intended for use by a person admitted to the premises for an overnight stay,

(iii)a care home, or

(iv)a children’s home, and

(c)is not an excluded building (see regulation 6).

Changes to the occupation phase in the new Building Safety (Wales) Bill diverge even more:

The Bill is expected to introduce a new building safety regime which will cover the occupation and ongoing management of multi-occupied residential buildings. It will create new Accountable Person roles, with statutory responsibilities to assess and manage building safety risks. It is also likely to introduce new fire safety provisions for residential buildings and make provision for residents to have a stronger voice in building safety matters.

One of the key differences is the scope of the regime. The Cabinet Secretary for Housing and Local Government has confirmed it will cover all residential buildings with two or more dwellings (with some exceptions), regardless of their height. Buildings will be separated into different categories, with more requirements placed on Accountable Persons for buildings in a higher risk category.

Another difference between England and Wales relates to the regulation and enforcement of the regime. The Welsh Government has confirmed that local authorities will be responsible for regulating the building safety regime for occupied buildings, working closely with Fire and Rescue Authorities. In England, the occupation regime is regulated by the Building Safety Regulator.

Finally, the Bill is expected to introduce new fire safety provisions. In its response to the White Paper consultation, the Welsh Government argued that the existing process for fire risk assessments in residential buildings is not fit for purpose. The White Paper set out proposals for a new structure for these assessments.