April 14, 2026
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From 1 July 2026, provisions of Part 3 of the Building Safety Act 2022 will be implemented in Wales via secondary legislation. This brings a defined Higher-Risk Building (HRB) regime into force during the design and construction phase.
The Welsh definition of a Higher-Risk Building (HRB) during the design and construction phase is set out in The Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023.
A building (including any structure) is considered higher-risk if it is:
and contains any of the following:
Wales adopts a lower threshold by requiring only one residential unit for a building to fall within scope.
By contrast, the English regime requires two or more residential units.
This is not an accidental divergence. In its consultation response, the Welsh Government acknowledged concerns about over inclusion but concluded that:
“the level of risk attached to one unit justifies their inclusion with the description.”
This creates a broader regulatory net in Wales, capturing buildings that would fall outside the HRB regime in England, particularly mixed use buildings with a single flat above commercial premises, or specialist accommodation with only one self contained unit.
2. Definition of “Building”
England’s Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 include a detailed definition of “building”, covering:
Wales does not include an equivalent definition.
3. Inclusion of Children’s Homes
Wales explicitly includes children’s homes within the HRB definition.
In England, children’s homes are not named directly, but the UK Government has confirmed they may fall under the same category as support and sheltered accommodation, meaning they are in scope if they meet the height and storey thresholds and contain two or more residential units.
One of the key differences in the Welsh Building Safety regime is that local authorities, not the Building Safety Regulator, will act as the building control authority for Higher Risk Buildings in Wales. In England, the Building Safety Regulator remains the sole building control authority for HRBs.
This creates two distinct regulatory models under the Building Safety Act framework.
Wales has chosen a locally led regulatory model, placing responsibility for HRB building control with each relevant local authority. This change is embedded within the Building (Higher Risk Buildings Procedures) (Wales) Regulations 2025, coming into force on 1 July 2026.
Under the new regime, local authorities will determine HRB applications during the design and construction phase.
The Welsh Government has indicated that HRB application volumes are expected to remain relatively low, making local authority oversight operationally manageable.
Local Authorities as the HRB Authority in Wales
Local authorities, not the Building Safety Regulator (BSR), will act as the building control authority for Higher-risk Buildings (HRBs) in Wales, whereas in England the BSR is the sole authority for HRBs. This creates two distinct regulatory models under the Building Safety Act framework.
Wales has chosen a locally led regulatory model, placing responsibility for HRB building control with each relevant local authority. This shift is embedded in the Building (Higher Risk Buildings Procedures) (Wales) Regulations 2025 coming into force on 1 July 2026.
Local authorities will determine HRB applications during design and construction.
The Welsh Government expects very low HRB application volumes, making local authority oversight operationally manageable.
This approach reflects a policy preference for local accountability, aligning building safety oversight with existing Welsh public service structures.