Designation of Building Control profession registration and oversight functions to the Building Safety Regulator and related Charging scheme (WGC 001/2024)

Circular number:    WGC 001/2024

Date issued:    25/01/2024

Status:    For information

Title:    Designation of Building Control profession registration and oversight functions to the Building Safety Regulator and related Charging scheme

Issued by:    Paul Griffiths, Building Control Process Lead 

Addressed to:    

Local Authority Chief Executives
Welsh Local Government Association 
Association of Corporate Approved Inspectors
The Building Safety Competence Foundation
Chartered Association of Building Engineers
Total Training Development Ltd.

Please forward to:

Local Authority Building Control Officers
Members of the Senedd

Summary:

This is a circular letter that notifies the designation of Building Control profession registration and oversight of functions to the Building Safety Regulator (BSR). It also contains information about the Charging scheme in relation to the above.

For further information contact:

Building Regulations Team
Welsh Government Offices
Merthyr Tydfil
CF48 1UZ  

Direct Line:    Tel:    0300 060 4400
E-mail:    enquiries.brconstruction@gov.wales
Website: Building and planning

1. I am directed by Welsh Ministers to inform you of the designation of Building Control profession registration and oversight to the BSR and the publication of the Charging scheme that will apply in relation to the above.

2. This Circular letter applies to the Building Control profession in Wales.

3. Under the Building Act 1984, Welsh Ministers have approved the undertaking of the following functions by the BSR:

a.    Functions relating to registered building inspectors, including registration provisions, investigation, prosecution of offences and sanctions such as suspension or deregistration
b.    Functions relating to registered building control approvers, including registration provisions, investigation, prosecution of offences and sanctions such as suspension or deregistration
c.    Functions relating to operational standards rules, including reporting requirements, investigations, issuing of improvement and contravention notices and deregistration
d.    Functions relating to inspections, information sharing, prosecutions, appeals and charges

4. The functions detailed in paragraph 3 do not include registration or oversight of the Local Authorities in Wales. The monitoring and enforcement of Local Authority Building Control is planned to commence in April 2025 alongside wider changes to the building control regime in Wales.
    
5. The functions detailed in paragraph 3 do include the registration of Registered Building Inspectors (previously known as ‘Approved Inspectors’) who are employees of Local Authorities.
    
6. Registration of RBIs and RBCAs will commence from 31 January 2024. The BSR will carry out the other functions detailed in paragraph 3 from 6 April 2024.

7. The Building Control Profession (Charges) (Wales) Regulations 2023, require a scheme to be made and published by Welsh Ministers that details the charges to those registering as building inspectors and building control approvers. The Circular detailing these regulations can be found here: New regulations implementing the Building Safety Act 2022: Description of higher-risk buildings; charges; registration, sanctions and appeals (WGC 005/2023)
    
8. The scheme includes charges for:
   
   a.    Determining application for registration as a building inspector
   b.    Determining application for registration as a building control approver
   c.    Inspections of building control bodies
   d.    Oversight of RBIs including monitoring and regulatory intervention
   e.    Oversight of RBCAs including monitoring and regulatory intervention
   f.    Actions in relation to securing compliance with Part 2A of the Building Act 1984 and imposition of any resulting sanctions
   g.    Any action taken in order to respond to an appeal
    
9. It should be noted that charges for monitoring and regulatory interventions will only be payable if it is concluded that misconduct, a breach or contravention has occurred. Similarly, any charges arising from actions taken in responding to appeals will only be payable if the appeal is unsuccessful or withdrawn.
    
10. This scheme has now been published at Building Safety Regulator charging scheme.
     
11. The Charging Scheme will come into effect when registration of RBIs and RBCAs opens on 31 January 2024.

Any enquiries on this Circular Letter should be addressed to:

Building Regulations,
Welsh Government,
Rhyd-y-car,
Merthyr Tydfil,
CF48 1UZ.

E mail: enquiries.brconstruction@gov.wales

Yours faithfully

Neil Hemington 
Chief Planner