The Building etc. (Amendment) (Wales) Regulations 2025 (WGC 001/2025)

Circular number: WGC 001/2025

Date issued: 31/03/2025

Status: For information

Title: The Building etc. (Amendment) (Wales) Regulations 2025

Issued by: Paul Keepins, Building Standards Technical Manager

Addressed to:    

Local Authority Chief Executives
Welsh Local Government Association 
Association of Building Control Approvers
Competent Persons Forum

Please forward to:

Local Authority Building Control Managers
Members of the Senedd
Care Inspectorate Wales

Summary:

The purpose of this Circular is to draw attention to the Amendment Regulations and to the publication of a new Approved Document R Volumes 1 and 2.

For further information contact:

Building Regulations Team
Welsh Government Offices
Rhydycar
Merthyr Tydfil
CF48 1UZ  

Direct line: 0300 060 4400
E-mail: enquiries.brconstruction@gov.wales
Website: building and planning

1. I am directed by Welsh Ministers to draw your attention to the Building etc. (Amendment) (Wales)  Regulations 2025 (SI 2025 No. 377 (W. 74)) (“the Amendment Regulations”) which were made on 21 March 2025, which were laid on 25 March 2025 and will come into force on 1 July 2025, and the publication of new Approved Document R Volumes 1 and 2.
    
2. In accordance with section 14(7) of the Building Act 1984, the amendment regulations were made after consultation with the Building Regulations Advisory Committee for Wales.  
    
3. The purpose of this Circular is to:

• draw attention to the Amendment Regulations and explain the changes they make to the Building Regulations 2010 and the Building (Approved Inspectors etc.) Regulations 2010;  
• draw attention to the publication of a new Approved Document R Volumes 1 and 2;
• draw attention to the withdrawal of the existing Approved Document R.

4. Annex A to this Circular sets out  the changes made by the Amendment Regulations to the Building Regulations 2010 and the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024.
    
5. This circular does not give advice on the technical requirements in the Building Regulations 2010 as these are matters covered by Approved Documents.

6. The Amendment Regulations and Approved Document R Volumes 1 and 2 apply only to buildings and building work in Wales.

7. The Amendment Regulations introduce new requirements to Part R in Schedule 1 to the Building Regulations 2010. The Amendment Regulations and Requirements RA1 and RA2 set out the new infrastructure and connectivity requirements for newly erected dwellings with certain modifications and exemptions; alongside amended Requirement R1 infrastructure requirements for other in-scope buildings. 

8. Welsh Ministers have approved new statutory guidance to support compliance with the Amendment Regulations and Part R in Schedule 1 to the Building Regulations. Annex B and Annex C to this Circular give the Notice of Approval for the new Approved Document R Volumes 1 and 2 and the Notice of Withdrawal of Approval of previous editions of the Approved Document R respectively, subject to the transitional provisions.
    
9. The Approved Documents are available at Building regulations: approved documents.

10. The Amendment Regulations and new Approved Documents do not apply in relation to building work, where a building notice or an initial notice has been given to, or full plans have been deposited with, a local authority, in respect of that work, before these regulations come into force, provided that the building work has already started, or is started within 12 months of these Regulations coming into force.

11. The Building etc. (Amendment) (Wales) Regulations 2025 can be accessed on the following link: The Building etc. (Amendment) (Wales) Regulations 2025.

Any enquiries on this Circular Letter should be addressed to:

Building Regulations, 
Welsh Government, 
Rhydycar, 
Merthyr Tydfil, 
CF48 1UZ. 

E mail: enquiries.brconstruction@gov.wales

Yours faithfully,

Mark Tambini
Head of Building Regulations Policy

The Building etc. (Amendment) (Wales) Regulations (SI 2025 No. 377 (W. 74)) (the “Amendment Regulations”). These Amendment Regulations amend the Building Regulations 2010 (S.I. 2010/2214) as they apply in relation to Wales to require the installation of gigabit-ready physical infrastructure and, up to a cost cap of £2,000 per dwelling, gigabit-capable connections for new dwellings. These Amendment Regulations also amend the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 (S.I. 2024/1268).

The Building Regulations 2010

• New Regulation 44ZAA requires a person who is erecting a new dwelling to submit to the local authority, prior to commencement of building work, particulars of any connection to a public electronic communications network to be provided for that dwelling, alongside any evidence which supports their reliance on any exemptions in new regulations 44ZB and 44ZC.
• New Regulation 44ZB provides for exemptions from the new requirements, for buildings to be occupied by the Ministry of Defence or armed forces of the Crown or otherwise for purposes connected to national security, as well as those located in  areas isolated from public electronic communications networks.
• New Regulation 44ZC(1)-(4) sets out exemptions from the requirement to provide a gigabit-capable connection if doing so exceeds the cost-cap, as follows:
  ○  where gigabit-capable connections cannot be installed within the cost cap of £2,000, a high-speed network connection must be installed, provided it can be secured within the cost cap. 
  ○  where a high speed-connection cannot be installed within the cost cap, a USO-standard connection must be installed, provided it can be secured within the cost cap. 
  ○ where a USO-standard connection cannot be provided within the cost cap, no connection is required.
• New Regulation 44ZC(5)  defines the terms “high-speed public electronic communications network” and “USO-standard public electronic communications network”.
• New Regulation 44ZC(6) treats the developer as being able to secure the provision of one of the above connections unless the developer has invited at least two suitable providers (as defined in regulation 44ZC(9) to provide quotes within a 30-day period and those providers  have either declined to provide a relevant connection within the cost cap, or not responded to invitations to provide quotes.
• Regulations 44ZC(7) and (8) set out the cost cap of £2,000, and what factors are to be included when making this calculation.
• Regulation 44C now includes the following new definitions: “gigabit-capable electronic communications network”, “gigabit-capable public electronic communications network”, “gigabit-ready physical infrastructure”, and “public electronic communications network”.
• Schedule 1 (requirements) inserts ‘Requirement RA1: Gigabit-ready physical infrastructure, and Requirement RA2: Connection to gigabit-capable network.
• Requirement R1, ‘In-building physical infrastructure’, is amended to exclude from the scope of that requirement any building work to which requirement RA1 applies.

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

The Amendment Regulations add the requirements of new regulation 44ZAA to the list of functions that can be undertaken by Approvers.

Building Act 1984

Notice of approval of new documents giving practical guidance with respect to the requirements of the Building Regulations 2010

Welsh Ministers hereby give notice under section 6 of the Building Act 1984 that, in exercise of the said powers under section 6, they have approved the amendments to the Approved Document listed below for the purposes of giving practical guidance with respect to the specified requirements of the Building Regulations 2010 (as amended) in Wales only.

The approval takes effect on 1 July 2025 except in respect of work for which a building notice or initial notice has been given or full plans deposited before that date and provided work commences within 12 months beginning with that day. 

Approved Document

Approved Document R Volume 1 Physical infrastructure and network connection for new dwellings.

Requirements of the Building Regulations in respect of which the document is approved

Part R, Schedule 1; new regulations 44ZAA, 44ZB and 44ZC, and new requirements added into regulation 44C 

Date from which the revision takes effect

1 July 2025

Approved Document

Approved Document R Volume 2: Physical Infrastructure for high-speed electronic communications networks.

Requirements of the Building Regulations in respect of which the document is approved

Part R, Schedule 1.

Date from which the revision takes effect

1 July 2025

Building Act 1984

Notice of withdrawal of approval of documents giving practical guidance with respect to the requirements of the Building Regulations 2010

Welsh Ministers hereby give notice under section 6 of the Building Act 1984 that, in exercise of the said powers under section 6, they have withdrawn approval of the documents listed below for the purposes of giving practical guidance with respect to the specified requirements of the Building Regulations 2010.

The withdrawal of approval takes effect on 1 July 2025 except in respect of work for which a building notice or initial notice has been given or full plans deposited before that date and provided work has already commenced, or commences within the period of 12 months beginning with that day. 

Approved Document

Approved Document R: Physical Infrastructure for high-speed electronic communications networks (2016 edition).