Key Building Safety Changes in Wales Effective 1st July 2026

From 1st July 2026, a new regulatory framework for higher risk buildings will come into force in Wales under secondary legislation made in connection with the Building Safety Act 2022. In this blog we explore these changes and how they fundamentally reform the building control process for higher risk buildings and introduce a structured duty holder regime that replaces elements of the existing procedural system under the Building Regulations 2010 (as amended in Wales). Hold on to your hats, this blog is a little longer than usual but should provide you with a good overview of the upcoming changes.  

The reforms primarily stem from:

• The Building (Higher Risk Buildings Procedures) (Wales) Regulations 2025
• The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025
• The commencement provisions bringing relevant parts of the Building Safety Act 2022 into force in Wales.

Introduction of a Gateway Based Building Control Process  

I can almost hear the sighs from contractors and dutyholders who have experienced a similar process in England whilst typing this. From 1st July 2026, higher risk buildings will be subject to a formalised staged approval process. The traditional plan deposit and building notice routes will no longer apply to higher risk buildings. Instead, projects must progress through defined regulatory gateways:

• Gateway one: Planning stage considerations relating to fire safety and building safety information
• Gateway two: Preconstruction approval before work can commence
• Gateway three: Completion approval prior to occupation (More on this later!)

The Building Control Authority acting as the statutory regulator, typically the local authority building control or an approved building control approver operating under the new framework, is responsible for reviewing and formally approving submissions at each gateway before work can proceed or occupation can occur.

This differs from the position in England where higher risk building approvals are overseen by the Building Safety Regulator rather than the local authority led approach being adopted in Wales which should hopefully ensure that timeline goals are met.

Under the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025, the gateway regime is designed to cover all building work relating to higher-risk buildings, whether it is new build, conversion or work to an existing structure that causes it to become a higher-risk building. That means the gateway controls apply to remediation projects on existing higher-risk buildings as well as projects constructing new HRBs.

Construction cannot lawfully commence on a higher risk building without building control approval at gateway two. Similarly, occupation cannot occur without formal completion certification. This has been somewhat of a controversial topic in England due to delays being caused by the Building Safety Regulator, however this should be mitigated as gateway applications will continue to be made to the relevant local authority.

New Duty holder and Competence Requirements

The amendments introduce an explicit duty holder framework for building work, setting out clear statutory roles and responsibilities for those delivering higher risk building projects. The primary duty holders under the regulations are the client, principal designer and principal contractor, with responsibility flowing through the project from design to completion.

• The client is the organisation or individual commissioning the building work and holds overall responsibility for ensuring the project complies with building regulations.
• The principal designer is responsible for coordinating the design phase and ensuring that design work complies with applicable building regulations.
• The principal contractor is responsible for managing and controlling the construction phase and ensuring works are carried out in accordance with approved designs and regulatory requirements.

Competence is now built in as a regulatory requirement rather than a best practice expectation, meaning appointments must be supported by evidence that individuals and organisations have the capability and systems to complete their duties.

Mandatory Occurrence Reporting

Higher risk building projects must implement a formal mandatory occurrence reporting system as part of the new regulatory framework. Duty holders are required to identify safety related occurrences during design and construction, report prescribed matters to the regulator where required, and maintain clear records as part of the project’s compliance documentation.

This ensures that potential safety risks are identified and escalated during delivery rather than addressed retrospectively, aligning construction control with a risk based regulatory model.

Digital Golden Thread Requirements

Higher risk building projects will be required to maintain an accurate and accessible digital record of building information throughout design and construction of the building. This digital golden thread must demonstrate compliance and provide a reliable record of key decisions, approvals and changes across the project lifecycle.

The information captured within the golden thread typically includes design documentation, evidence of regulatory compliance, inspection records, change control documentation and final completion information. It must be maintained as the project progresses and remain capable of being formally handed over at completion to support ongoing compliance and occupation phase management.

Completion Certificates and Formal Approval to Occupy

Higher risk buildings cannot lawfully be occupied without formal certification following inspection and verification by the Building Control Authority. Before occupation, compliance must be demonstrated through the submission of as built information, updated compliance evidence and confirmation that the works align with the approved gateway two application.

The reforms introduce the ability for building control to issue partial completion certificates where appropriate, alongside full completion certificates that permit occupation. Where compliance is not demonstrated, the regulator has clear enforcement powers to withhold certification until outstanding matters are resolved.

Transitional Provisions

Its worth noting that projects that are already underway before 1st July 2026 may be permitted to continue under the previous regulatory framework, provided they meet the defined transitional criteria set out in the legislation. Where projects do not satisfy those conditions, they will be required to transition into and comply with the new procedural regime, including the gateway-based approval process and associated duty holder requirements.

  

Keep an eye out for a more detailed whitepaper which we will release closer to the go live date, as well as a webinar and Roundtable event too. If you would like to understand how the reforms impact your projects and portfolios today, our team can help, contact us on the form below with your enquiry.