ARTICLE
28 April 2025

Welsh Government Consult On New Regulatory Regime For Higher-risk Buildings

D
Devonshires

Contributor

Based in the City of London for over 150 years, Devonshires is a leading practice providing high-quality, accessible and value-for-money services to domestic and international clients, including developers, local authorities, housing associations and financial services firms. The practice focuses on building strong, long-lasting relationships in order to achieve outstanding results based on practical advice. The foundation of its success is its commitment to people, both its own and those working for its clients. The firm ensures its staff have access to high-quality training and fosters ‘one to one’ connections between its solicitors and clients.

The firm acts on a broad range of matters including projects, property and real estate, securitisation, construction, housing management, commercial litigation, employment, banking, corporate work, and governance. The practice is a leader in social housing, including working on many development projects nationwide and helping to draft legislation.

8 The Welsh Government has launched a consultation on the next stage of its phased approach to building safety reform, which centres largely on implementing a regime for higher-risk buildings (HRBs).
United Kingdom Real Estate and Construction

The Welsh Government has launched a consultation on the next stage of its phased approach to building safety reform, which centres largely on implementing a regime for higher-risk buildings (HRBs).

It is proposed that this phase will introduce "a more stringent regulatory regime during design and construction for higher-risk buildings", in addition to reforms to the building regulations in Wales.

Proposed key reforms include:

  1. New enforcement powers – New compliance and stop notices for local authorities, applicable for the design and construction of both non-HRBs and HRBs. Failure to comply with either notice will be a criminal offence, with a proposed maximum penalty of up to two years in prison and an unlimited fine.
  2. Dutyholders and competence – New system of dutyholder responsibilities and competency requirements for anyone carrying out design or building work. These dutyholders will need to make sure systems are in place "to plan, manage and monitor both the design work and the building work to ensure compliance with building regulations". It also suggested that where a local authority is a dutyholder for higher-risk building work, that work should be overseen by an alternate local authority to avoid conflicts of interest.
  3. Gateway processes for HRB work - A gateway process for HRBs as they proceed through the building regulations system. HRB projects will also be required to operate a mandatory occurrence reporting regime and compile a "golden thread of information".

While the Welsh Government has not yet stated when the proposed changes will come into effect, it has confirmed that it will allow a period of six months between laying new regulations and bringing them into force.

The consultation closes on 25 May 2025, with a Welsh Government response to follow.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More