Lawbite: Transformation of building safety in Wales

Summary

The Welsh Government plan to enact legislation in Wales with the aim of improving the safety of people living in multi-occupied residential buildings in Wales. The Building Safety (Wales) Bill (“the Bill”) was introduced to the Senedd on 7 July and, if passed, will introduce a new building safety regime focussing on the occupation and management of multi-occupied buildings in Wales. In most cases owners or persons with a repairing obligation for buildings within the new regime will be responsible for building safety under the Bill.  This development will be of particular interest to landlords, tenants, and investors of property in Wales.

The occupation and management of higher risk buildings in England (buildings at least 18 metres in height or of at least 7 storeys and containing at least 2 residential units) has been regulated by the Building Safety Act 2022 (“the BSA 2022”) since the relevant provisions of that Act came into force in April 2023.

Which buildings are captured?

There are several key differences between the English higher risk buildings approach under the BSA 2022 and the Welsh multi-occupied residential approach under the Bill. In Wales the occupation phase regime will apply to all buildings containing 2 or more residential units regardless of height (regulated buildings).

Regulated buildings will be split into 3 categories determined by height and the number of storeys contained within the building. Regulated buildings which are at least 11 metres in height or have at least five storeys (category 1 or 2 buildings) will need to be registered with the building safety authority and will be subject to both fire safety and structural safety duties. 

Regulated buildings under 11 metres in height or with less than five storeys (category 3 buildings) and some HMOs will be subject only to fire safety duties.

New duty holder roles

The Bill introduces the role of an accountable person who will usually be an owner or person with a repairing obligation for any of the common parts of a regulated building. 

Where there are multiple accountable persons there will be a principal accountable person who will act as the lead accountable person. The principal accountable person will usually be the owner or person will a repairing obligation for the external structure of the regulated building. 

The building safety authority (see below) will have a power to make a determination as to who is the principal accountable person for the building where more than one person meets the definition. The Bill also provides that an application can to be made to the Residential Property Tribunal for a determination as to who is an accountable person for a building and who is the principal accountable person for a building. 

The Bill places duties on both the principal accountable person and accountable persons to ensure that building safety risks are properly assessed and managed, and also where it comes to the provision of building safety information to residents.  It also introduces new offences in the event of failure to comply with these new duties. By way of example, it will be an offence to occupy a category 1 or 2 building before it is registered. 

Who regulates the regime?

The building safety authority responsible for regulating the regime will be a county council or borough council for an area in Wales, working closely with the fire safety authority (the fire and rescue authorities for an area in Wales).  The register of buildings of over 11 meters or with five storeys or more, will help the building safety authority and fire safety authority to understand who is responsible for the safety of the building in question.

Key points

• there is a difference between the English and Welsh approach where it comes to building safety in the “in occupation” phase and it appears that the Welsh approach will be wider reaching
• one key difference is that the regime will apply to all buildings with 2 or more residential units regardless of height (there are some exceptions to this e.g. prisons, care homes and schools)
• there will be 3 categories of building, with a higher burden placed on accountable persons and the principal accountable person for buildings in categories 1 and 2
• local authorities in Wales will be responsible for regulating the regime for occupied buildings, working with Fire and Rescue Authorities
• the Bill forms part of a wider programme of changes aimed at improving safety in these buildings
• in November 2024 it was said that the Bill was likely to be passed in 20206

We will be keeping a close eye on the progress of the Bill as it goes through the stages of scrutiny in the Senedd and considering how the Bill may impact our clients.