Landmark moment for building safety in Wales – the new building safety regime

On Tuesday 10 March 2026, the Senedd passed the Building Safey (Wales) Bill, one of the largest pieces of legislation ever considered by the Senedd, establishing a new building safety regime for residents of shared buildings in Wales irrespective of building height or tenure.  The Bill is intended to address issues identified in the Grenfell Tower Inquiry, Hackitt Review and by the Welsh Government’s Building Safety Expert Group.

Features of the new building safety regime include:

• Identifying those on whom statutory duties under the Bill are to be placed.
• Requiring the registration of certain regulated buildings i.e. those at least 11 metres in height or which have at least 5 storeys with a building safety authority.
• Conferring new functions on the “building safety authority”, which are each of the local authorities in Wales.
• Conferring new functions on the “fire safety authority” in Wales, which are each fire and rescue authority for an area in Wales or a fire inspector (with regards regulation of Crown buildings).
• Creating duties to assess and manage fire safety risks in all in-scope buildings.
• Creating duties to assess and manage structural safety risks in in-scope buildings that are at least 11 metres high, or which have at least 5 storeys.
• Putting in place new rights for residents and place duties on them in respect of all in-scope buildings.
• Establishing a new enforcement regime to enable enforcement action to be taken if the new duties are not met.

This article elaborates on the above features.

Regulated buildings

The Building Safety (Wales) Bill introduces a three-tier framework (Categories 1-3) of regulated buildings (buildings comprising 2 or more residential units located wholly or mainly within Wales). This is distinguishable from the Building Safety Act 2022 that concentrates its most onerous duties on occupied higher‑risk buildings (“HRBs”). Height and storey thresholds determine which of three categories a regulated building is assigned. A Category 1 regulated building, like the Building Safety Act HRB concept, must be at least 18m in height or have at least 7 storeys. Category 3 regulated buildings are less than 11m in height and have fewer than 5 storeys, which means a Category 2 regulated building falls in between (less than 18m and fewer than 7 storeys and at least 11m and 5 storeys). Consequently, the Building Safety (Wales) Bill is broader in scope imposing positive duties in respect of sub-HRB housing stock.

Duties concerning fire safety, information sharing, entry, and cooperation and coordination are also created in respect of relevant houses in multiple occupation (“HMOs”), which are not covered within this article.

Dutyholders

Both the Building Safety (Wales) Bill and the Building Safety Act use accountable person (“AP”) and principal accountable person (“PAP”) constructs.

The AP is an organisation or individual who owns or has a legal obligation to repair any common parts of the building. If there is only one AP that person is the PAP. When there are multiple APs, then whoever owns or has a legal obligation to repair the structure and exterior of the building is the PAP.

To cater for the inevitable dispute as to who is the AP or the PAP, the Building Safety (Wales) Bill, like the Building Safety Act, has mechanisms for settling the issue. In the case of the former, this can be achieved via recourse to a residential property tribunal or the building safety authority (“BSA”) (a Welsh local authority, not to be confused with the Building Safety Regulator (“BSR”)).

Registration regime

Mandatory registration of Category 1 and 2 buildings with the BSA is the responsibility of the PAP. Failure to do so prior to occupation of the building is an offence. The PAP is subject to a continuing duty to notify the BSA of any changes to the registration within 14 days. Failure to discharge these duties is punishable upon conviction by a fine, imprisonment for up to two years, or both.

Assessment and management of building safety risks

The Building Safety (Wales) Bill creates distinct duties in respect of fire safety risk in all (category 1-3) occupied regulated buildings, and structural safety risk in occupied category 1 and 2 buildings. These risks are collectively referred to under the umbrella of building safety risk, in common with the Building Safety Act. Welsh Ministers may by regulations modify the definition of building safety risk to include structural safety risk in respect of category 3 buildings, or to any other safety risk in respect of all building categories.

The PAP for an occupied regulated building must ensure that a suitable and sufficient fire risk assessment is conducted in respect of the parts of the building that any AP is responsible for. The assessment must be completed by a competent person. For the time being this means an individual or body with sufficient expertise or experience to assess the fire safety risks in the relevant parts of the building. The assessment must be completed no later than 6 months after the building becomes occupied and must be subject to review by the PAP once in every 12 months thereafter, and in specified circumstances. There is also an explicit requirement that the findings from the fire risk assessment are recorded in writing and distributed to every other AP.

Where a regulated building is occupied, each AP must take all reasonable steps to prevent a fire safety risk materialising in the part they are responsible for and reduce the severity of any resulting incident. The steps an AP is required to take include minimising the likelihood of fire breaking out (whether accidentally or deliberately) and the spread of fire, ensuring quick and safe means of escape, and that fire can be fought promptly and effectively. These steps must be informed by the findings from the fire risk assessment. The AP must make arrangements to ensure the effective planning, organisation, control, monitoring and review of steps taken, and give effect to those arrangements.

Assessment of structural safety risks in occupied category 1 or 2 buildings is the responsibility of each AP. In the first instance, the structural risk assessment must be made as soon as possible after the latest of the building becoming occupied, becoming the AP for the building, or the provision coming into force. The findings of the assessment must be recorded in writing and given to the PAP where the AP is not the PAP. There are requirements for reviewing the assessment at regular intervals, in the event there is reason to suspect it is no longer suitable and sufficient, or if directed by the BSA. The assessment must be made by an individual or body with sufficient expertise or experience and capable of enabling the management of structural risks by the AP.

Management of structural safety risks is the responsibility of APs. The management requirements are expressed like those for managing fire safety risks.

Duties applying only to category 1 buildings

The PAP for an occupied category 1 building must prepare a safety case report containing information specified in regulations made by the Welsh Ministers concerning current fire and structural risk assessments, and steps taken by APs to manage those risks. The safety case report must be prepared as soon as reasonably practicable after the latest of the building becoming occupied, becoming a category 1 building, becoming the PAP, or the provision coming into force. A copy of the report must be given to the BSA, kept under review, and revised as necessary or when directed by the BSA.

An occurrence recording system must be established and operated by the PAP for receiving and recording information about incidents or situations concerned with building safety risks. When the occurrence reporting system must be established is on the same terms as the safety case report. Information from the occurrence recording system must be shared with the AP(s) to enable reporting of relevant building safety information (information about building safety risks) by the AP(s) to the relevant BSA and fire safety authority (“FSA”). Should the AP(s) fail without reasonable excuse to provide the BSA and FSA with relevant building safety information, the AP(s) commit an offence punishable by a fine.

Information provided to the BSA or FSA is not admissible in evidence against the person providing it in criminal proceedings save for in specific circumstances. It is admissible in proceedings for failing to provide it, providing false or misleading information, perverting the course of justice, or should the person make an inconsistent statement when giving evidence, and evidence relating to the information that was given is adduced, or a question relating to it is asked, by or on behalf of the person.

The PAP for an occupied category 1 building must prepare a residents’ engagement strategy promoting the participation of relevant persons (adult residents and owners of residential units in the building) in building safety decisions (decisions by an AP about the management of the building made in the performance of their duties). There is a requirement to consult with relevant persons about the proposed contents of the strategy, and to consider any representations made. Copies of the residents’ engagement strategy must be issued to every AP, who in turn must give copies to each adult resident and owner of a residential unit within the part of the building they are responsible for. A separate provision exists for Welsh Ministers by regulations to make corresponding or similar provision for category 2 buildings.

The BSA may direct the PAP for a category 1 building that is registered and occupied to apply for a building certificate, which must be issued if the BSA is satisfied that all relevant duties (assessment and management of building safety risks; safety case report, reporting building safety risks; residents’ engagement strategy; and provision of information and documents to other persons) are being complied with. Once directed by the BSA, the PAP must apply for the building certificate within 28 days and thereafter, irrespective of being so directed, for a further certificate within 5 years. PAPs are also required to display a copy of the most recent building certificate and related information. Failure, without reasonable excuse, to apply for a certificate or comply with requirements in respect of displaying a certificate and related information are offences punishable on conviction by a fine, imprisonment for up to 2 years, or both.

Information duties

There are provisions for Welsh Ministers to make regulations creating explicit duties for APs to keep, update and share specified information and documents, and for the transfer from outgoing APs to a successor, the BSA or FSA.

Complaints

The PAP for an occupied category 1 building must establish and operate a system for the investigation of relevant complaints. A relevant complaint is one that relates to a building safety risk or the AP’s performance of their duties. Welsh Ministers may by regulations make provisions about who and how relevant complaints are made, time constraints, the way in which relevant complaints must be dealt with, referral to the BSA, and publication.

Residents’ duties

Positive duties are imposed on adult residents of residential units in occupied regulated buildings, and residential unit owners. The duties extend to fire safety, structural safety in category 1 and 2 buildings, and in specified circumstances to repair damage giving rise to a significant risk of fire spread or significantly increasing any existing risk of fire spread from the residential unit. Enforcement of these duties is achieved through the power conferred on APs to issue warning notices in respect of contravention, and after giving notice to the BSA and FSA, recourse to a residential property tribunal for a contravention order. A contravention order in respect of fire and structural safety duties may require the recipient to take specified steps within a specified period, or prohibit the person from doing a specified act, or both. In a case in which a warning notice was given for contravening the requirement to repair relevant damage, the order will require repairs to be made.

Enforcement

FSAs and BSAs are responsible for enforcing compliance with legal duties within their respective remit. To assist them with their endeavors they are given powers to issue notices (information, compliance, and prohibition notices) and authorised officers will have powers of entry.

In addition to offences created for non-compliance with requirements imposed by the Bill, a separate offence of contravention of a requirement giving rise to risk of death or serious injury is also created. This offence is punishable upon conviction by a fine, imprisonment for up to two years, or both.

If you have any questions or need further guidance, we warmly welcome your enquiries. The SHE Regulatory team is always available to provide advice, clarification, and practical support. To get in touch, please contact James Jevon or Rod Hunt directly.

This publication is intended for general information purposes only and does not constitute legal or professional advice. It should not be relied upon as a substitute for specific advice tailored to particular circumstances. No action should be taken based on the information contained in this publication without obtaining appropriate legal advice. Clyde & Co LLP accepts no responsibility for any loss or damage arising from reliance on this publication.