The Building Regulations (Amendment) (Wales) (No.2) Regulations 2022 (WGC 005/2022)

Circular number:    (WGC 005/2022)

Date issued:    29/09/2022

Status:    For information

Title:    The Building Regulations (Amendment) (Wales) (No.2) Regulations 2022

Issued by:    Colin Blick, Building Standards Technical Manager

Addressed to:  

Local Authority Chief Executives (Please forward to: Local Authority Building Control Officers)

Welsh Local Government Association (Please forward to: Members of the Senedd)

Association of Corporate Approved Inspectors

CICAIR Limited

Construction Industry Council

Competent Persons Forum

Summary

This is a circular letter that introduces the new 2022 energy efficiency and ventilation amendments to the Building regulations and Approved Documents L2 and F2 for Wales.

For further information contact:

Building Regulations Team
Welsh Government Offices
Merthyr Tydfil
CF48 1UZ  

Direct Line:    0300 060 4440
E-mail:    enquiries.brconstruction@gov.wales
Website:    http://gov.wales/topics/planning/buildingregs/

I am directed by Welsh Ministers to draw your attention to the Building (Amendment) (Wales) (No.2) Regulations 2022 (S.I. 2022 No. 993 (W. 210)) (“the Amendment Regulations”) which were made on 26  September 2022. Regulations 1 and 3 will come into force on 22 November 2022 and regulations 2 and 4 will come into force on 29 March 2023 subject to the provisions referred to below.

I am also directed by Welsh Ministers to draw your attention to the publication of Approved Document F (Ventilation), volume 2 2022 edition and Approved Document L (Conservation of Fuel and Power) volume 2 2022 edition.

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.

The purpose of this Circular is to:

• Draw attention to the amendments and explain the changes they make to the Building Regulations 2010.
• Draw attention to the publication of new Approved Documents F, volume 2 and Approved document L, volume 2.
• Draw attention to the transitional provisions, which apply to individual buildings and sites caught by certain previous transitional provisions.

This circular does not give advice on the technical requirements in the Building Regulations 2010 as these are matters covered by Approved Documents.

Annex A to this Circular sets out in tabular form all the changes to the Building Regulations 2010 made by S.I. 2022 No. 993 (W. 210).

The amendment regulations and new Approved Documents L (volume 2) and F (volume 2) apply only to buildings and building work in Wales.

The Amendment Regulations amend the Building Regulations 2010 to:

• Change the way on-site electricity generation systems are regulated.
• Make transitional provisions (including making changes to the transitional provisions in the Building (Amendment) (Wales) Regulations 2022).

Approved Document F: ventilation (2010 edition incorporating further 2010 amendments) is being withdrawn in relation to guidance for new and existing buildings other than dwellings and is being replaced with Approved Document F, Volume 2: Buildings other than dwellings 2022 edition.

Approved Documents L2A conservation of fuel and power in new buildings other than dwellings, 2014 edition (incorporating 2016 amendments); L2B: conservation of fuel and power in existing buildings other than dwellings, 2014 edition (incorporating 2016 amendments) are being withdrawn. They are being replaced with Approved Document L, Volume 2: Buildings other than dwellings 2022 edition.

Annexes B and C to this Circular give the Notice of Approval for the new Approved Documents and the Notice of Withdrawal of previous editions of the Approved Documents, subject to the transitional provisions.

The Approved Documents are available at: Building regulations: approved documents

The Amendment Regulations and new Approved Documents do not apply in relation to building work on a particular building, 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 building, before these regulations coming into force, provided that the building work on that building is started within 12 months of these Regulations coming into force.

In some cases, applications will be in respect of a number of buildings on a site, for example a number of houses. In such cases, it is only those individual buildings for which work is commenced which can take advantage of the transitional provisions unless the application has been submitted before 31 July 2014 and building work has commenced before 31 July 2015 in relation to that application.

The Building (Amendment) (Wales) (No.2) Regulations 2022 can be accessed on the following link: Legislation.gov.uk

Any enquiries on this Circular Letter should be addressed to:

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

Telephone: 0300 060 4440

E mail: enquiries.brconstruction@gov.wales

The following table lists all the changes made by S.I. 2022 No. 993 (W. 210) to the Building Regulations 2010:

Building Act 1984

NOTICE OF APPROVAL OF REVISION 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 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 29 March 2023 except in respect of work on individual buildings for which a building notice or initial notice has been given or full plans deposited before that date and provided work commences before 29 March 2024. The approval also does not take effect on 29 March 2023 in respect of sites where a building notice or initial notice has been given or full plans deposited before 31 July 2014 and building work commenced before 31 July 2015.

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 and partial withdrawal 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 29 March 2023. except in respect of work on individual buildings for which a building notice or initial notice has been given or full plans deposited before that date and provided work commences before 29 March 2024. The withdrawal of approval also does not take effect on 29 March 2023 in respect of sites where a building notice or initial notice has been given or full plans deposited before 31 July 2014 and building work commenced before 31 July 2015.