The Welsh Government provides guidance on changes to building control regulation in Wales and a significant update on funding for remediation of fire safety defects.
Some important developments have been published by the Welsh Government in its approach to how the building control profession will be regulated from April 2024. This followed an announcement in November stating that funded routes to remediation will be open to all residential buildings in Wales over 11 metres in height, not just those with cladding and irrespective of whether there is an identifiable developer or social sector partner with responsibility for the repairs in question. In December 2023, RICS then updated its cladding valuation guidance to include Wales, described by the Welsh Government as ‘a major step in providing consistency and transparency in the valuation process for flats in blocks affected by cladding issues’.
Building control regulation in Wales is changing
From 6th April 2024 the building control regime in Wales changes, with a new mandatory registration scheme for Registered Building Control Approvers (RBCAs) and Registered Building Inspectors (RBIs) taking effect. This new scheme opened on 31st January 2024 and will be established and maintained by the Building Safety Regulator (BSRNew regulations, The Building (Building Control Profession) (Registration, Sanctions and Appeals) (Wales) Regulations 2023, which came into force on 1st January, state that the registration period for individual RBIs will be four years from the day on which registration has effect. The registration period for RBCAs will be five years from the day registration takes effect.
The new role of the BSR does not include registration and oversight of local authority planning control in Wales; according to Welsh Government guidance this is planned to commence in April 2025 ‘alongside wider changes to the building control regime in Wales’. It does, however, cover registration of building inspectors who are employees of local authorities in Wales.
Draft competency standards in relation to Wales are due to be finalised over the coming weeks and will need to be complied with by 6th April 2024.
Recovery of charges incurred in the regulation of building safety – new measures introduced
Further regulations, The Building Control Profession (Charges) (Wales) Regulations 2023, require the Welsh Government to publish a scheme detailing the charges that will be recoverable in the performance of certain ‘chargeable functions’. These cover:
- determining an application for registration as a building inspector
- determining an application for registration as a building control approver
- inspections of building control bodies
- oversight of RBIs and RBCAs including monitoring and regulatory intervention
- actions in relation to securing compliance with Part 2A of the Building Act 1984 and the imposition of any resulting sanctions
Welsh Government announces funded routes to remediation of all residential buildings over eleven metres in height
In November 2023, the Welsh Government provided confirmation there is a funded route to remediation of fire safety issues for all residential buildings, including those without cladding, of eleven metres and over at no cost to leaseholders. This will apply whether the repairs are the responsibility of social sector partners, developers or ‘orphan buildings’, where there is no accountable developer available to undertake works. This was followed by RICS updating its valuation guidance to include Wales and which will reflect the Welsh Government’s position, thereby confirming to valuers and lenders that there are funded routes available for remediation of fire safety issues in these circumstances. The Welsh Government also confirmed that there are currently 34 buildings with remediation works underway, at sites such as Aurora, Davids Wharf, Prospect Place and Century Wharf, with a further 34 buildings estimated to start in 2024.
