SL(6)606 – The Building etc. (Amendment) (Wales) Regulations 2025

Background and Purpose

These Regulations amend the Building Regulations 2010 (“Building Regulations”) and the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 (“Approvers Regulations”). The Building Regulations impose requirements on people carrying out building work. The Approvers Regulations provide for the supervision of building work by registered building control approvers.   

These Regulations impose new requirements for gigabit-ready digital infrastructure and connectivity in new built dwellings. They also provide for transitional relief from the new requirements in relation to building work previously notified to a local authority which is either already underway or starts within 12 months of these Regulations coming into force.

Procedure

Negative

This Regulations were made by the Welsh Ministers before they were  laid before the Senedd.  The Senedd can annul the Regulations within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date they were laid before the Senedd.

Technical Scrutiny

The following 2 points are identified for reporting under Standing Order 21.2 in respect of this instrument.

1. Standing Order 21.2(v) – that for any particular reason its form or meaning needs further explanation.

Regulation 4(2)(b), by the insertion of regulation 44ZAA (Particulars of connection to public electronic communications network) into the principal regulations, requires the person undertaking the building works to supply the local authority with certain information no later than the day before the work begins. The requirement for information set out in new regulation 44ZAA(2)(c)(ii) is by reference to a two year period “beginning with the day on which the notice is given”. It is unclear which notice this provision is referring to.

2. Standing Order 21.2(v) – that for any particular reason its form or meaning needs further explanation.

New regulation 44ZC(8)(iii) is inserted by regulation 4(2)(b) of these Regulations and refers to a “public electronic communications service”. However the term is not defined in either these Regulations nor the principal Regulations. It is defined in section 151(1) of the Communications Act 2003. Should a definition of this term have been inserted into regulation 44C (interpretation) along with the new definition of a “public electronic communications network”?

Merits Scrutiny  

No points are identified for reporting under Standing Order 21.3 in respect of this instrument.

Welsh Government response

A Welsh Government response is required.

Legal Advisers

Legislation, Justice and Constitution Committee

22 April 2025