Building Safety Regime in Wales: Key Changes Effective as of July 2026

Introduction

On 1 July 2026, two new sets of Welsh Government regulations will come into force, marking the next major step in building reform in Wales. The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025 and the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 will introduce:

1. a dutyholder regime, similar to the regime in place in England, that will apply to all “building work”; and
2. a new regulatory regime governing the design and construction of higher-risk buildings (HRBs) in Wales, again similar to the regime in place in England.

From July 2026, those involved in building works in Wales will need to comply with the new regimes, and it will be important to be aware of the key changes before they take effect. Closely reviewing in-scope contracts, appointing competent dutyholders, and ensuring robust documentation and information retention will be essential to avoid delays and maintain compliance for projects subject to the regimes.

Background

The Building Safety Act 2022 (BSA), which established a more stringent building control regime for HRBs alongside a dutyholder and competence regime, has been in force in England since 1 October 2023. Neither regime currently applies in Wales, and so the introduction of the two sets of Welsh regulations marks a big shift.

We have previously commented on the BSA regimes which apply in England here and here. The Welsh Government during its consultation on the changes in March 2025 recognised the need to align with the English regime where possible, and the new Welsh regimes reflect that approach.

Overview of the Welsh regimes

As in England:

• the dutyholder and competence regime will apply to all “building work” (not just HRBs) and the dutyholder roles align with the CDM dutyholder roles, aiming to ensure clear responsibility for compliance with the building regulations;
• HRB building control approval applications, i.e. Gateway 2, will be a “hard stop” point where it will be an offence for the dutyholders to start work without this approval and the application will need to be submitted to the local authority in writing and signed by the client;
• once building control approval has been granted, the client is required to give notice to the building control authority before starting work on site and this notice must be given at least five days before the work can begin; and
• the duty of ensuring the “Golden Thread” is complete will rest on the client (who has ultimate responsibility for the project).

However, while the new Welsh regimes are similar to those in force in England, there are some key differences, including the following:

• unlike in England where the HRB regime is overseen by the Building Safety Regulator, the building control authority for HRBs in Wales will be the relevant local authority;
• the Welsh HRB regime will apply to buildings which for the purposes of the design and construction phase are at least 18 metres in height or have at least seven storeys and also contain at least one residential unit (or which are a hospital, care home or children’s home), while the HRB definition applicable in England requires two or more residential units as well as being at least 17 metres in height or having at least seven storeys, and a children’s home will not be classed as an HRB (although a hospital and care home will);
• unlike the English regulations, the Welsh regime does not provide a right to request paper copies, with all documentation handled electronically by the building control authority; and
• in Wales, there are further reasons given why the building control authority might reject an application regarding an existing HRB, including disagreement with the client’s assessment as to whether works have commenced and disagreement about the time when regulatory oversight is required.

Approach to contracts

When negotiating contracts for Welsh projects, key provisions to consider include:

• a robust change in law provision;
• entitlement to additional time and money in the event of any Building Safety Act-related delays outside of a party’s control (specifically any HRB-associated delay);
• entitlement to terminate if there is any non-compliance by the other party with its BSA obligations; and
• parameters around a party’s own duties under the BSA.

Parties should be mindful when agreeing to BSA-related provisions in contracts, ensuring they understand what they mean in practice, and avoid agreeing to any obligations that extend their duties beyond the statutory position.

Conclusions

As with the introduction of the BSA in England, this marks a wholescale change in the construction and legal landscape. While some of the focus is on HRBs, many of the reforms have much wider application and affect all buildings. As a result, the new regimes will need to be understood and considered by all individuals and organisations involved in projects subject to building control approval.

While a lot of the regimes will be familiar to those already operating under the English system, it remains important to acknowledge the requirements and processes that are specific to Wales to ensure compliance once the regimes come into force. We will continue to monitor developments and provide further updates, particularly once the two Welsh Government regulations come into force later this year.

If you require any assistance on drafting or negotiating contracts for any Welsh projects that you are involved in, please feel free to contact Andrew Croft or Rhia Gould.