The Building (Amendment) (Wales) Regulations 2015

Made: 7 July 2015

Laid before the National Assembly for Wales: 9 July 2015

Coming into force in accordance with regulation 1(3)

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 1 and 34 of and paragraphs 1, 2, 4, 4A, 7, 8 and 10 of Schedule 1 to the Building Act 1984[^f00001], now exercisable by them[^f00002], having consulted, in accordance with section 14(7) of that Act, the Building Regulations Advisory Committee for Wales and such other bodies as appear to them to be representative of the interests concerned, make the following Regulations:

Title, application and commencement

1

• (1) The title of these Regulations is the Building (Amendment) (Wales) Regulations 2015.

• (2) These Regulations apply in relation to Wales but do not apply in relation to excepted energy buildings in Wales.

• (3) These Regulations come into force on the following dates—

• (a) this regulation, regulations 2, 3, 4(a) and the Schedule on 31 July 2015; and

• (b) regulation 4(b) on 31 December 2015.

• (4) In this regulation “excepted energy building” (“adeilad ynni a eithrir”) has the meaning given by the Schedule to the Welsh Ministers (Transfer of Functions) (No. 2) Order 2009[^f00003].

Amendment of the Building Regulations 2010

2

The Building Regulations 2010[^f00004] are amended as follows.

3

For the Table in Schedule 3 (self-certification schemes and exemptions from requirement to give building notice or deposit full plans) substitute the Table as set out in the Schedule to these Regulations.

4

In regulation 43(4) (pressure testing)—

• (a) after “ the British Institute of Non-Destructive Testing” insert “, the Independent Airtightness Testing Scheme Limited[^f00005]”; and

• (b) omit “the British Institute of Non-Destructive Testing,”.

SCHEDULE

Signed

Carl Sargeant — Minister for Natural Resources, one of the Welsh Ministers — 7 July 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Building Regulations 2010 (“the 2010 Regulations”) in relation to Wales.

Regulation 3 substitutes the Table in Schedule 3 to the 2010 Regulations for the revised and updated Table in the Schedule to these Regulations.

The Table in Schedule 3 (self-certification schemes and exemptions from requirement to give building notice or deposit full plans) to the 2010 Regulations lists all the bodies which have been authorised to operate competent person self-certification schemes for various types of work. Installers who are registered with these schemes are authorised to certify their own work as compliant with the 2010 Regulations without having it checked by a building control body.

Regulation 4 amends regulation 43(4) (pressure testing) of the 2010 Regulations in relation to the bodies who may certify compliance with that regulation.

A regulatory impact assessment has been prepared in relation to these Regulations. Copies are available from the Welsh Government at Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government’s website at www.wales.gov.uk.

Footnotes

[^f00001]: 1984 c. 55; section 1 was amended by section 1 of the Sustainable and Secure Buildings Act 2004 (c. 22); paragraph 4A of Schedule 1 was inserted by section 8 of that Act; paragraph 7 of Schedule 1 was amended by section 3 of that Act and by section 11 of the Climate Change and Sustainable Energy Act 2006 (c. 19) and paragraph 8 of Schedule 1 was amended by section 3 of the Sustainable and Secure Buildings Act 2004 and section 40 of the Flood and Water Management Act 2010 (c. 29).

[^f00002]: The functions conferred on the Secretary of State by sections 1 and 34 of and paragraphs 1, 2, 4, 4A, 7, 8 and 10 of Schedule 1 to the Building Act 1984 were, so far as exercisable in relation to Wales, transferred to the Welsh Ministers by the Welsh Ministers (Transfer of Functions) (No. 2) Order 2009 (S.I. 2009/3019).

[^f00003]: S.I. 2009/3019. The Welsh Ministers (Transfer of Functions) (No. 2) Order 2009 transferred certain functions conferred on the Secretary of State by or under the Building Act 1984, so far as exercisable in relation to Wales, to the Welsh Ministers. Article 3(a) of the Order provided that functions were not transferred so far as they were exercisable in relation to an excepted energy building as defined by the Schedule to the Order.

[^f00004]: S.I. 2010/2214; relevant amending instruments are S.I. 2011/1515, S.I. 2012/718, 2012/3119, S.I. 2013/747 (W. 89), S.I. 2013/1105, S.I. 2013/2621 (W. 258), S.I. 2014/2362 and S.I. 2015/767. Other amendments are not relevant to these Regulations.

[^f00005]: A company formed and registered under the Companies Acts with the registration number 09309058.

[^f00006]: S.I. 1998/2451.

[^f00007]: A company formed and registered under the Companies Acts (as defined in section 2 of the Companies Act 2006, c. 46) with the registration number 02876277.

[^f00008]: A company formed and registered under the Companies Acts with the registration number 05182566.

[^f00009]: A company formed and registered under the Companies Acts with the registration number 03712932.

[^f00010]: A limited liability partnership formed and registered under the Limited Liability Partnerships Act 2000 (c. 12) with the registration number OC379918.

[^f00011]: A company formed and registered under the Companies Acts with the registration number 05190452.

[^f00012]: A company formed and registered under the Companies Acts with the registration number 02739706.

[^f00013]: A company formed and registered under the Companies Acts with the registration number 06429016.

[^f00014]: A company formed and registered under the Companies Acts with the registration number 02117828.

[^f00015]: A company formed and registered under the Companies Acts with the registration number 07144771.

[^f00016]: A company formed and registered under the Companies Acts with the registration number 07805321.

[^f00017]: A company formed and registered under the Companies Acts with the registration number 02110046.

[^f00018]: A company formed and registered under the Companies Acts with the registration number 04350234.

[^f00019]: A company formed and registered under the Companies Acts with the registration number 03058561.

[^f00020]: A company formed and registered under the Companies Acts with the registration number 04029350.

[^f00021]: OJ No. L 140, 5.6.2009, p. 16, Article 2.

[^f00022]: A company formed and registered under the Companies Acts with the registration number 02591364.

[^f00023]: A company formed and registered under the Companies Acts with the registration number 03044131.

[^f00024]: A company formed and registered under the Companies Acts with the registration number 00878293.