Building Safety (Wales) Act – Webinar Q&A

The Building Safety (Wales) Act represents one of the most significant changes to building safety legislation in Wales for a generation. Alongside the new higher-risk building procedures coming into force from 1 July 2026, the legislation introduces new responsibilities for dutyholders, enhanced accountability measures, stronger resident engagement requirements and a broader approach to building safety than has been seen elsewhere in the UK. 

Following our recent Building Safety (Wales) webinar, we received a large number of questions from attendees on how the new requirements will work in practice. In this article, we answer the questions raised during the session, providing practical guidance to help organisations understand their responsibilities, prepare for the upcoming changes and take a proactive approach to compliance as Wales enters a new era of building safety regulation. 

Steven Wilson, Technical & Compliance Director

With seven years of dedicated experience in fire safety, Steven Wilson is the Technical and Compliance Director at Ventro Group.

A true industry expert, Steven specialises in fire safety legislation, offering a profound understanding of regulatory frameworks. His adeptness in crafting bespoke fire safety solutions tailored to diverse environments underscores Ventro's commitment to excellence and finding the correct solution. 

Steven's comprehensive knowledge extends to the latest fire safety products, ensuring Ventro remains at the forefront of technological advancements. 

Q1: Does this apply to commercial properties?

Q2: Does the concept of an Independent Section (outside the HRB) exist as in England?  

No, Wales does not recognise “independent sections” in the design and construction HRB regime. 

Q3: In the picture of the buildings, why is the top left picture not taking into account the floor under ground?  

  

Q4: What is the current timeline of implementation for registration?  

• Design & construction regime: from July 2026
• Occupation regime rollout: from 2027 onwards
• HRB registration expected: late 2027

Q5: I have had a couple of issues whereby we need to evidence building construction. The building manual is missing foundation and floor slab details. The building is showing no distress and does not warrant opening up for a condition perspective. I am waiting outcome from Home Ground as to whether they are satisfied. What is your opinion given we are duty bound to give factual information.  

Given the duty to provide factual information, the safest position is to state clearly that the original records are incomplete, set out what evidence is available, and avoid assuming unseen foundation or slab details. If there is no visible distress and opening up is not justified on condition grounds, that can be recorded as an observation, but it is not a substitute for missing as-built evidence.  

Q6: Is there consideration for emergency work regarding the notifications etc? as like in England. 

Yes, emergency work is allowed where urgent risk to safety exists, e.g.:

• Structural damage
• Fire safety failures
• Dangerous services

Please note that this cannot be used to avoid the gateway application process or to avoid dealing with the relevant regulations. Often Emergency works can only be used for a small amount of work such as fitting a replacement window and not to replace all the fire doors in your HRB as an example.

Q7: Everywhere I have read has indicated that there are 66,630 building across the 3 categories. Is this an accurate number?  

The 66,630 figure appears to be an estimate used in Welsh Government policy material for buildings across all 3 categories, rather than a fixed live count. It is best treated as an indicative estimate, not a precise confirmed total, unless a newer official statistical publication confirms otherwise.  

 

 

Q8: Is the application to hospitals similar to that in England in that the Act only applies during design and construction and do the building categories throw up any other variances?  

Yes, this is broadly similar to England in that hospitals fall within the higher-risk building regime for design and construction. In Wales, the occupation regime under the Building Safety (Wales) Act 2026 is focused on multi-occupied residential buildings, so hospitals are not brought into that occupation regime in the same way.  

 

Q9: Why do we feel there is such a large range of potential HRB's, and why there was so many more identified in England than expected? I always assumed this to be more regulated and precise.  

The range is large because identifying HRBs depends on applying legal definitions to real building stock, which is often inconsistent in height records, storey counts, use, mixed use layouts, and later alterations. England also found more buildings than first expected because once registration and review processes began, more buildings met the technical criteria than had been captured in earlier estimates.  

 

Q10: As FRAs now legally have to be conducted by a competent person in Wales and as the Act has been enacted, do I need to update my FRA within 6 months of April 2026 for an in-scope building?  

Not automatically on a 6-month trigger purely because April 2026 has passed. Fire risk assessments in Wales must be suitable, sufficient, carried out by a competent person where needed, and reviewed when no longer valid or where there has been a significant change. If the building has changed, the risks have changed, or new legal duties affect the adequacy of the existing FRA, then it should be reviewed and updated without waiting.  

 

 

Q11: But the fitting of a temporary door - may not have the full fire resistance intended as an "official door! - will this fall under an equivalent Mandatory Occurrence Report due to potential for escape of smoke and flame? 

Potentially yes, if the temporary door creates a fire safety risk that could lead to serious harm, particularly through the spread of smoke or flame. Whether it is reportable will depend on the threshold in the mandatory occurrence regime, so it is less about the door being temporary and more about whether the temporary arrangement creates a sufficiently serious building safety risk.

 

Q12: What are the requirements for projects that are non-HRBs? Are principal contractor and designer functions still required like England? 

The dutyholder regime applies to all notifiable building work, not just HRBs. Roles such as client, principal designer, and principal contractor still apply HRBs simply introduce additional controls (e.g. gateways, approvals).

 

_____________

The introduction of the Building Safety (Wales) Act marks a significant step forward in improving the safety, management and accountability of higher-risk buildings across Wales. While the new requirements may seem complex, organisations that begin preparing now will be in a far stronger position to demonstrate compliance, manage risk effectively and protect residents.

At Ventro, we continue to work closely with building owners, housing providers, managing agents and dutyholders to help them understand evolving legislation and implement practical compliance strategies. If you have questions about the Building Safety (Wales) Bill or would like support preparing for the changes taking effect from 1 July 2026, our team is here to help.