The Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023
Overview
In a landmark move to fortify building safety standards, the Welsh Ministers have introduced the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023. These Regulations set a new paradigm for the design and construction of higher-risk buildings in Wales. This blog delves into the comprehensive overview, key requirements, and the profound impact these regulations are poised to have on businesses in the construction industry.
These Regulations are a strategic response to elevate safety standards during the design and construction phase, focusing on buildings deemed higher-risk. Under the authority of the Building Act 1984, these regulations set clear criteria and measures to enhance safety protocols in structures with specific characteristics.
The key provisions of the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023 include:
- Definition of Higher-Risk Building: Buildings are classified as higher-risk if they are at least 18 meters in height or have at least 7 storeys. They must include at least one residential unit, a hospital with an overnight bed, a care home, or a children’s home.
- Height Measurement: The height of a building is measured from ground level to the top of the floor surface of the top storey. Certain storeys, like those exclusively for rooftop machinery or plant rooms, are excluded from the height measurement.
- Storey Calculation: The number of storeys is calculated to provide the greatest count, with considerations for exclusions such as below-ground storeys and mezzanine floors.
- Excluded Buildings: Buildings comprised entirely of specific types, including secure residential institutions, hotels, and military barracks, are excluded from the higher-risk definition.
The Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023 came into force on the 1st of January 2024 and apply to Wales.
Do the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023 affect my business?
The Regulations will have the following impacts on businesses:
- Identification of Higher-Risk Buildings: Stakeholders must accurately identify whether a building falls within the higher-risk category based on the specified criteria.
- Compliance with Height and Storey Measurements: Precise measurement of building height and storeys is essential for compliance with the regulations. Businesses should invest in accurate measurement tools and techniques.
- Exclusion Assessment: Evaluate whether a building is excluded from the higher-risk category based on the list of excluded building types.
Clear documentation of exclusion reasons is crucial. - Enhanced Safety Measures: Implementation of enhanced safety measures during the design and construction phase is a primary task.
Regular safety audits and inspections become imperative to ensure ongoing compliance. - Regulatory Impact Assessment: Careful consideration of the regulatory impact assessment provided by the Welsh Ministers is necessary. Businesses should assess likely costs and benefits to prepare for compliance without compromising efficiency.
These Regulations usher in a new era of heightened safety standards, emphasizing a proactive approach during the design and construction of higher-risk buildings. Stakeholders in the construction industry must embrace these regulations as an opportunity to prioritise safety, contributing to the resilience and sustainability of Wales’s built environment. As businesses adapt to these regulatory changes, the overarching goal remains clear — a safer and more secure future for all structures and their occupants in Wales.
Do I need the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023 in my ISO Compliance Register?
You will need the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023 in your ISO Compliance Register if your business is included below:
- Architects and Design Professionals: Architects must adapt their design processes to meet the safety criteria outlined in the regulations. Design professionals need to accurately assess building height and storeys, ensuring compliance with the regulations.
- Construction Companies: Construction companies are tasked with implementing enhanced safety measures during the design and construction of higher-risk buildings. Height and storey calculations must align with the regulatory standards.
- Property Developers: Developers must carefully evaluate projects to determine if they fall within the higher-risk category. Compliance with safety measures during the design and construction phase becomes a paramount consideration.
- Owners and Operators of Higher-Risk Buildings: Individuals or organisations responsible for the ownership and operation of higher-risk buildings must ensure compliance with safety protocols. Enhanced safety features must be incorporated and maintained throughout the building’s lifecycle.
Legislation related to the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023
Legislation related to the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023 include:
More information
Visit the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023 article on the legislation.gov.uk website.
Create an account in the ISO Compliance Register App and add this article to your Register.
