Building Safety (Wales) Act 2026 / Deddf Diogelwch Adeiladau (Cymru) 2026
Building Safety (Wales) Act 2026 / Deddf Diogelwch Adeiladau (Cymru) 2026 (2026 c. 5)
- Building Safety (Wales) Act 2026 / Deddf Diogelwch Adeiladau (Cymru) 2026 (2026 c. 5)
- PART 1 SAFETY OF BUILDINGS CONTAINING TWO OR MORE RESIDENTIAL UNITS
- CHAPTER 1 OVERVIEW
- 1 Overview of Part
- CHAPTER 2 KEY TERMS
- Regulated buildings, residential units and categories of building
- 2 Meaning of “regulated building”
- 3 Meaning of “building”
- 4 Meaning of “independent part”
- 5 Meaning of “residential unit”
- 6 Categories of regulated building
- 7 Inclusion of ancillary areas in references to regulated buildings
- Accountable persons, principal accountable persons and common parts
- 8 Meaning of “accountable person”
- 9 Meaning of “principal accountable person”
- 10 Principal accountable person: determination by building safety authority
- 11 Determinations by residential property tribunal
- 12 Application of sections 9 and 11 in cases of joint ownership etc.
- 13 Meaning of “common parts”
- 14 Other definitions
- 15 Power to make further provision for the purposes of sections 8 and 9
- Responsibility of accountable persons for parts of regulated buildings
- 16 Part of regulated building for which accountable person is responsible
- General
- 17 Powers to amend this Chapter
- CHAPTER 3 REGISTRATION OF CATEGORY 1 BUILDINGS AND CATEGORY 2 BUILDINGS
- Registers
- 18 Registers of category 1 buildings and category 2 buildings
- Requirement to register and registration procedure
- 19 Requirement to register category 1 buildings and category 2 buildings
- 20 Registration procedure
- Notification of changes and revision of register
- 21 Duty to notify changes
- 22 Revision of register following notification of change
- 23 Revision of register without notification
- Declaration about accuracy of information and documents in register
- 24 Duty to give declaration about accuracy of information and documents included in register
- Removal of building from register
- 25 Application to remove building from register
- 26 Removal of building from register by building safety authority
- CHAPTER 4 ASSESSMENT AND MANAGEMENT OF BUILDING SAFETY RISKS
- Key terms
- 27 Meaning of “fire safety risk” and “structural safety risk”
- 28 Meaning of “building safety risk”
- Fire safety risks in regulated buildings
- 29 Assessment of fire safety risks: duties of principal accountable person
- 30 Requirement for fire risk assessment to be made by competent person
- 31 Timing and review of fire risk assessments
- 32 Further provision about fire risk assessments
- 33 Management of fire safety risks by accountable persons
- Structural safety risks in category 1 buildings and category 2 buildings
- 34 Assessment of structural safety risks: duties of accountable persons
- 35 Management of structural safety risks by accountable persons
- Management of building safety risks by other persons
- 36 Management of building safety risks by persons other than accountable persons
- CHAPTER 5 DUTIES APPLYING ONLY TO OCCUPIED CATEGORY 1 BUILDINGS
- Safety case reports
- 37 Preparation and revision of safety case report by principal accountable person
- Recording and reporting in relation to building safety risks
- 38 Occurrence recording system: duty of principal accountable person
- 39 Reporting to authorities: duty of accountable person
- Residents’ engagement strategies
- 40 Preparation and review of residents’ engagement strategy by principal accountable person
- 41 Provision of copies of strategy by accountable persons
- Building certificates
- 42 Duty of principal accountable person to apply for building certificate
- 43 Applications for certificates: procedure
- 44 Determination of applications and issue of certificates
- 45 Duty of principal accountable person to display certificate and related information
- CHAPTER 6 ENGAGEMENT WITH RESIDENTS OF OCCUPIED CATEGORY 2 BUILDINGS
- 46 Category 2 buildings: residents’ engagement strategies
- CHAPTER 7 INFORMATION AND COMPLAINTS
- Duties to keep and provide information and documents
- 47 Duty to give information and documents to accountable persons
- 48 Duty of accountable person to keep information and documents
- 49 Duty of accountable person to give information and documents to other persons
- 50 Duty to give information and documents on change of accountable person
- Complaints
- 51 Category 1 buildings: duty of principal accountable person to operate complaints system
- 52 Category 2 and category 3 buildings: duty of accountable persons to arrange consideration of complaints
- 53 Complaints to building safety authorities
- CHAPTER 8 DUTIES OF RESIDENTS AND OWNERS ETC. OF RESIDENTIAL UNITS
- 54 Regulated buildings: fire safety duties of residents etc.
- 55 Category 1 and category 2 buildings: structural safety duties of residents etc.
- 56 Fire resistance of residential units: duty to repair
- 57 Entry to residential units for purpose of repairs
- 58 Entry to residential units etc. by accountable person
- 59 Power of accountable person to give warning notice: fire and structural safety duty of residents etc.
- 60 Power of accountable person to give warning notice: repair of fire resistance of residential units
- 61 Power of residential property tribunal to make contravention order
- 62 Regulations about warning notices
- CHAPTER 9 REVIEWS AND APPEALS
- 63 Review and appeal of certain decisions: key terms
- 64 Review of reviewable decision
- 65 Appeal to residential property tribunal
- 66 Effect of review and appeal
- CHAPTER 10 SUPPLEMENTARY
- Entry to non-residential premises
- 67 Entry to non-residential premises by accountable person
- Co-operation and co-ordination
- 68 Co-operation and co-ordination: duties of accountable persons
- Recovery of relevant costs by principal accountable person
- 69 Recovery of relevant costs by principal accountable person
- Leases
- 70 Leases: implied terms relating to compliance with building safety duties
- 71 Liability of tenants for costs relating to building safety
- 72 Further provision about implied terms and liability for costs
- 73 Costs relating to enforcement etc. excluded from variable service charge
- 74 Provision of building safety information to tenants
- Occupation contracts
- 75 Power to make provision relating to terms of occupation contracts
- Commonholds
- 76 Commonholds: provision for compliance with building safety duties
- Regulations under sections 17, 28(2) and 75
- 77 Regulations under sections 17, 28(2) and 75: initial procedure
- PART 2 FIRE SAFETY IN CERTAIN HOUSES IN MULTIPLE OCCUPATION
- Key terms
- 78 Meaning of “relevant HMO”
- 79 Meaning of “landlord” and “duty holders” for relevant HMO
- 80 Meaning of “fire safety risk” in relation to relevant HMO
- Assessment and management of fire safety risks in relevant HMOs
- 81 Assessment of fire safety risks: duties of landlord
- 82 Requirement for HMO fire risk assessment to be made by competent person
- 83 Timing and review of HMO fire risk assessments
- 84 Further provision about HMO fire risk assessments
- 85 Management of fire safety risks by duty holders
- Provision of information and documents relating to relevant HMOs
- 86 Requirement to give information and documents to duty holder
- 87 Requirement for duty holder to give information and documents to other persons
- Duties of occupiers of relevant HMOs
- 88 Occupiers’ duties relating to fire safety risks and provision of information
- 89 Entry by duty holders for purposes of assessing and managing fire safety risks
- Entry to non-residential premises
- 90 Entry to non-residential premises by duty holder
- General
- 91 Co-operation and co-ordination by duty holders
- 92 Power to apply this Part to mobile homes
- 93 Interpretation
- PART 3 ENFORCEMENT AND INVESTIGATORY POWERS
- Enforcing authorities
- 94 Enforcement functions of fire safety authorities and building safety authorities
- Powers of enforcing authorities to give notices
- 95 Power of enforcing authority to give information notice
- 96 Power of enforcing authority to give compliance notice
- 97 Appeal against compliance notice
- 98 Power of fire safety authority to give prohibition notice
- 99 Appeal against prohibition notice
- 100 Notices: supplementary
- 101 Notices: offences
- Functions of authorised officers
- 102 Authorised officers and meaning of “relevant purpose”
- 103 Power to enter premises not being used as a residential unit
- 104 Power to enter premises being used as a residential unit
- 105 Powers of entry: supplementary
- 106 Authorised officers: offences
- Offences
- 107 Contravention giving rise to risk of death or serious injury
- 108 False and misleading information
- Special measures in relation to category 1 buildings
- 109 Appointment of special measures manager for category 1 building
- Power of building safety authority to give fixed penalty notices
- 110 Power of building safety authority to give fixed penalty notices
- Crown application
- 111 Application of this Part to the Crown
- PART 4 REMEDIATION OF CERTAIN DEFECTS
- 112 Meaning of “relevant building”
- 113 Meaning of “relevant defect”
- 114 Remediation orders
- 115 Remediation contribution orders
- 116 Remediation costs under qualifying leases etc.
- 117 Meaning of “qualifying lease”
- 118 Reports on progress under the Welsh building safety programme
- PART 5 SUPPLEMENTARY AND GENERAL
- Promotion of participation in relation to the exercise of Welsh Ministers’ functions etc.
- 119 Welsh Ministers’ strategy for promoting participation in relation to the exercise of their functions etc.
- Guidance and co-operation
- 120 Issue or approval of guidance by the Welsh Ministers
- 121 Co-operation and information: duties of responsible persons under Fire Safety Order
- Building safety authorities
- 122 Building safety authorities
- 123 Delegation of functions where building safety authority is accountable person for category 1 building
- 124 Power to direct building safety authorities to arrange for delegation of functions
- 125 Fees for exercise of functions by building safety authorities
- Fire safety authorities
- 126 Fire safety authorities
- Exercise of functions by building safety authorities and fire safety authorities
- 127 Issue of guidance by the Welsh Ministers about the exercise of functions
- 128 Co-operation between building safety authorities and fire safety authorities
- 129 Sharing of information
- Offences
- 130 Criminal liability of senior officers of bodies
- Giving notices and other documents
- 131 Giving notices and other documents
- 132 Giving documents to a person whose name is unknown
- General
- 133 Pre-commencement consultation
- 134 Regulations requiring provision of information: confidentiality and data protection
- 135 Regulations under this Act: supplementary and procedural provisions
- 136 Interpretation
- 137 Consequential and transitional provision etc.
- 138 Coming into force
- 139 Progress reports on bringing this Act into force
- 140 Short title
- SCHEDULE 1 BUILDINGS THAT ARE EXCLUDED FROM BEING REGULATED BUILDINGS
- SCHEDULE 2 SPECIAL MEASURES ORDERS
- PART 1 PROCEDURE BEFORE APPLYING FOR SPECIAL MEASURES ORDER
- Introductory
- Notice that authority proposes to apply for special measures order
- Notice of authority’s decision whether to apply for order
- Requirement to include financial management proposal with notice of proposal or decision
- Further provision about giving notices under this Part
- PART 2 FURTHER PROVISION ABOUT EFFECT AND IMPLEMENTATION OF SPECIAL MEASURES ORDER
- Functions to be carried out by special measures manager
- Effect of special measures order on compliance notices
- Effect of special measures order on relevant contracts
- Effect of special measures order on legal proceedings
- Reimbursement of damages paid by special measures manager
- Payments received by special measures manager to be held on trust
- Power of tribunal to give further directions
- Change in accountable person
- PART 3 REVIEW, VARIATION AND REVOCATION OF SPECIAL MEASURES ORDER
- Duration of special measures order
- Authority to keep certain matters under review
- Variation or revocation of special measures order
- Procedure before authority applies to vary special measures order
- Directions where special measures order is varied or revoked
- PART 4 SUPPLEMENTARY
- Notifications relating to special measures order
- Power of tribunal to amend order under section 24 of the Landlord and Tenant Act 1987
- Meaning of “interested person”
- SCHEDULE 3 MINOR AND CONSEQUENTIAL AMENDMENTS
- Health and Safety at Work etc. Act 1974 (c. 37)
- Landlord and Tenant Act 1987 (c. 31)
- Fire and Rescue Services Act 2004 (c. 21)
- Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541)
- Building Safety Act 2022 (c. 30)
- SCHEDULE 4 FIRE SAFETY ORDER: TRANSITIONAL AND SAVING PROVISIONS
- Existing fire risk assessments for regulated buildings
- Existing HMO fire risk assessments for relevant HMOs
- Existing notices issued under the Fire Safety Order
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