Title and coming into force

1.—(1) The title of these Regulations is the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023.

(2) These Regulations come into force on 1 January 2024.

Interpretation

2.  In these Regulations—

“ care home” (“ cartref gofal”) means a place at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016( 3) is provided wholly or mainly to persons aged 18 or over;

“ children’s home” (“ cartref plant”) means a place at which a care home service or a secure accommodation service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged under 18, but not—

“ dwelling” (“ annedd”) includes a flat;

“ flat” (“ fflat”) means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which it is divided horizontally;

“ ground level” (“ lefel y ddaear”), in relation to a building, means—

“ His Majesty’s forces” (“ lluoedd Ei Fawrhydi”) has the same meaning as in the Armed Forces Act 2006( 5);

“ hospital” (“ ysbyty”) means a health service hospital within the meaning of the National Health Service (Wales) Act 2006( 6) (see section 206(1) of that Act) or an independent hospital within the meaning of the Care Standards Act 2000( 7);

“ hostel” (“ hostel”) means a hostel providing temporary accommodation to those who are not ordinarily resident elsewhere;

“ residential unit” (“ uned breswyl”) means—

“ secure residential institution” (“ sefydliad preswyl diogel”) means an institution used for the provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital or secure local authority accommodation for persons aged 18 or over;

“ visiting force” (“llu ar ymweliad”) has the same meaning as it does for the purposes of any provision of Part 1 of the Visiting Forces Act 1952( 8).

Description of higher-risk building

3.  A higher-risk building for the purposes of section 120I(2) of the Building Act 1984 is a building (including a structure) that—

(a) is—

(i) at least 18 metres in height (when measured in accordance with regulation 4), or

(ii) has at least 7 storeys (when calculated in accordance with regulation 5), and

(b) contains—

(i) at least one residential unit,

(ii) a hospital that has at least one bed intended for use by a person admitted to the premises for an overnight stay,

(iii) a care home, or

(iv) a children’s home, and

(c) is not an excluded building (see regulation 6).

Measuring height of a building

4.—(1) The height of a building is to be measured from ground level to the top of the floor surface of the top storey of the building.

(2) But any storey which is a roof-top machinery or roof-top plant area or consists exclusively of roof-top machinery or roof-top plant rooms is to be ignored.

Calculating storeys in a building

5.—(1) The number of storeys a building has is to be calculated at the position that gives the greatest number of storeys, subject to—

(a) any storey that is below ground level is to be ignored;

(b) any storey which is a roof-top machinery or roof-top plant area or consists exclusively of roof-top machinery or roof-top plant rooms is to be ignored;

(c) any mezzanine floor is to be regarded as a storey if its internal floor areas is at least half of the internal floor area of the largest storey in the building that is not below ground level.

(2) A storey is below ground level if the finished surface of the ceiling of the storey is below ground level.

Excluded buildings

6.  A building is an excluded building if it—

(a) is comprised entirely of—

(i) a secure residential institution,

(ii) a hotel,

(iii) military barracks,

(iv) living accommodation provided by the Ministry of Defence, or

(v) living accommodation for—

(aa) His Majesty’s forces, or

(bb) any visiting force or international headquarters or defence organisation designated for the purpose of the International Headquarters and Defence Organisations Act 1964( 9);

(b) comprises residential and non-residential uses, in which all the living accommodation is provided by the Ministry of Defence.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations define what constitutes a higher-risk building for the purposes of section 120I of the Building Act 1984 (“ the 1984 Act”). Part 3 of the Building Safety Act 2022 (“ the 2022 Act”), which inserted section 120I into the 1984 Act, makes provision for higher-risk buildings to be subject to an enhanced regulatory regime during the design and construction phase.

Regulation 3 defines a higher-risk building as a building that is either at least 18 metres in height or has at least 7 storeys, where it also contains at least one residential unit or is a hospital, care home or children’s home. Regulation 4 details how the height of a building is to be measured. Regulation 5 makes provision about how the number of storeys that a building has is to be calculated. Regulation 6 lists buildings that are excluded from the definition in regulation 3 and are therefore not higher-risk buildings for the purposes of the enhanced regulatory regime.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published onwww.gov.wales.