Part 2, Section 5 · The Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024

Contents

5Modification of the 2010 Regulations etc.#

(1)The 2010 Regulations apply with the modifications in paragraph (2) to (11).

(2)Regulations 20 (provisions applicable to self-certification schemes), 25A (consideration of high-efficiency alternative systems for new buildings), 27 (CO₂ emission rate calculations), 27A (primary energy consumption rate calculations), 27B (fabric performance values calculations), 27C (target primary energy rate calculations for new buildings), 37 (wholesome water consumption calculation), 41 (sound insulation testing), 42 (mechanical ventilation air flow rate testing), 43 (pressure testing), 44 (commissioning), 44ZA (commissioning in respect of a system for on-site electricity generation) and 44ZAA (particulars of connection to public electronic communications network) of the 2010 Regulations apply in relation to building work which is the subject of an initial notice as if references to the local authority were references to the approver.

(3)Regulation 27(3) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, the initial notice ceases to be in force”.

(4)Regulation 27A(3) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, the initial notice ceases to be in force”.

(5)Regulation 27B(3) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 the initial notice ceases to be in force”.

(6)Regulation 27C(3) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 the initial notice ceases to be in force”.

(7)Regulation 37(2) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed” there were inserted “, or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 the initial notice ceases to be in force”.

(8)Regulation 38 of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if for paragraph (2) there were substituted—“2 The person carrying out the work must give the fire safety information to the responsible person no later than whichever is the earlier of—a the date of completion of the work to which the initial notice relates;b the date of occupation of the building or extension;c the date on which in accordance with regulation 14 (events causing initial notice to cease to be in force) of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, the initial notice ceases to be in force.”

(9)Regulation 41 of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if—

(a)for paragraph (3)(b) there were substituted–—“b given to the approver in accordance with paragraph (2)(b) not later than 5 days after completion of the work to which the initial notice relates.”

(b)for the words in paragraph (4) “not later than the date on which notice of commencement of the work is given under regulation 16(1)” there were substituted the words “prior to commencement of the building work on site”.

(10)Regulation 44 of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if for paragraph (4) there were substituted—“4 The notice must be given to the approver—a subject to sub-paragraphs (b) and (c), not later than 5 days after completion of the work to which the initial notice relates;b where regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 applies, not later than the date on which the initial notice ceases to be in force or, if earlier, the end of the period referred to in sub-paragraph (a);c where regulation 20 applies by virtue of regulation 5 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, not later than the date on which the notice or certificate required by that regulation must be given.”

(11)Regulation 44ZA of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if for paragraph (3) there were substituted—“3 The notice must be given to the approver—a subject to sub-paragraphs (b) and (c), not later than 5 days after completion of the work to which the initial notice relates;b where regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 applies, not later than the date in which the initial notice ceases to be in force or, if earlier, the end of the period referred to in sub-paragraph (a);c where regulation 20 applies by virtue of regulation 5 of the Building (Registered Building Control Approvers etc.) Regulations 2024, not later than the date on which the notice or certificate required by that regulation must be given.”

(12)Regulation 7A(3) of the Energy Performance of Buildings (England and Wales) Regulations 2012 applies in relation to building work which is the subject of an initial notice as if—

(a)references to the local authority were references to the approver, and

(b)in paragraph (3), after “work has been completed” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, the initial notice ceases to be in force”.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 25

Show every defined term

amendment notice
(“hysbysiad diwygio”) has the meaning given by section 51A of the 1984 Act;
approver
(“cymeradwywr”) means a registered building control approver within the meaning of section 58N of the 1984 Act;
building
(“adeilad”) has the meaning given by regulation 2(1) of the 2010 Regulations;
building regulations
(“rheoliadau adeiladu”) has the meaning given by section 122 of the 1984 Act;
building work
(“gwaith adeiladu”) has the meaning as given by regulation 3(1) of the 2010 Regulations;
dwelling
(“annedd”) has the meaning given in regulation 2(1) of the 2010 Regulations;
erection
(“codi”) has the same meaning as given in section 123 of the 1984 Act;
fire and rescue authority
(“awdurdod tân ac achub”) means the enforcing authority within the meaning given by article 25 of the Regulatory Reform (Fire Safety) Order 2005;
flat
has the meaning given by regulation 2(1) of the 2010 Regulations.
initial notice
(“hysbysiad cychwynnol”) has the meaning given by section 47(1)(a) of the 1984 Act;
local authority
(“awdurdod lleol”) means the council of a county or county borough;
material alteration
(“addasiad sylweddol”) has the meaning given by regulation 3(2) of the 2010 Regulations;
material change of use
(“newid defnydd sylweddol”) has the meaning given by regulation 5 of the 2010 Regulations;
original work
has the meaning given in section 53(7) of the 1984 Act;
plans certificate
(“tystysgrif blaniau”) has the meaning given by section 50(1) of the 1984 Act;
public body
(“corff cyhoeddus”) has the meaning given by section 54(1) of the 1984 Act;
registered building inspector
(“arolygydd cofrestredig adeiladu”) means an individual registered as a building inspector in accordance with Part 2A of the 1984 Act;
relevant days
means any day excluding Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971.
sewerage undertaker
(“ymgymerwr carthffosiaeth”) means a person appointed under section 6 of the Water Industry Act 1991 for the area in which the building is, or is to be, situated;
specified disciplinary order
means—
the 1984 Act
(“Deddf 1984”) means the Building Act 1984;
the 2010 Regulations
(“Rheoliadau 2010”) means the Building Regulations 2010;
transfer certificate
(“tystysgrif drosglwyddo”) means a certificate given in accordance with section 53B of the 1984 Act;
transfer report
(“adroddiad trosglwyddo”) means a report given in accordance with section 53B of the 1984 Act.
unfinished work
has the meaning given in section 53B(9) of the 1984 Act.

Defined terms · 25

Show every defined term

amendment notice
(“hysbysiad diwygio”) has the meaning given by section 51A of the 1984 Act;
approver
(“cymeradwywr”) means a registered building control approver within the meaning of section 58N of the 1984 Act;
building
(“adeilad”) has the meaning given by regulation 2(1) of the 2010 Regulations;
building regulations
(“rheoliadau adeiladu”) has the meaning given by section 122 of the 1984 Act;
building work
(“gwaith adeiladu”) has the meaning as given by regulation 3(1) of the 2010 Regulations;
dwelling
(“annedd”) has the meaning given in regulation 2(1) of the 2010 Regulations;
erection
(“codi”) has the same meaning as given in section 123 of the 1984 Act;
fire and rescue authority
(“awdurdod tân ac achub”) means the enforcing authority within the meaning given by article 25 of the Regulatory Reform (Fire Safety) Order 2005;
flat
has the meaning given by regulation 2(1) of the 2010 Regulations.
initial notice
(“hysbysiad cychwynnol”) has the meaning given by section 47(1)(a) of the 1984 Act;
local authority
(“awdurdod lleol”) means the council of a county or county borough;
material alteration
(“addasiad sylweddol”) has the meaning given by regulation 3(2) of the 2010 Regulations;
material change of use
(“newid defnydd sylweddol”) has the meaning given by regulation 5 of the 2010 Regulations;
original work
has the meaning given in section 53(7) of the 1984 Act;
plans certificate
(“tystysgrif blaniau”) has the meaning given by section 50(1) of the 1984 Act;
public body
(“corff cyhoeddus”) has the meaning given by section 54(1) of the 1984 Act;
registered building inspector
(“arolygydd cofrestredig adeiladu”) means an individual registered as a building inspector in accordance with Part 2A of the 1984 Act;
relevant days
means any day excluding Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971.
sewerage undertaker
(“ymgymerwr carthffosiaeth”) means a person appointed under section 6 of the Water Industry Act 1991 for the area in which the building is, or is to be, situated;
specified disciplinary order
means—
the 1984 Act
(“Deddf 1984”) means the Building Act 1984;
the 2010 Regulations
(“Rheoliadau 2010”) means the Building Regulations 2010;
transfer certificate
(“tystysgrif drosglwyddo”) means a certificate given in accordance with section 53B of the 1984 Act;
transfer report
(“adroddiad trosglwyddo”) means a report given in accordance with section 53B of the 1984 Act.
unfinished work
has the meaning given in section 53B(9) of the 1984 Act.

The Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024

5Modification of the 2010 Regulations etc.#

Defined terms · 25

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5Modification of the 2010 Regulations etc.#