Background — HRB Definition (Already in Force)
The Higher-Risk Building (Definition) Regulations 2023 came into force on 1 January 2024 in Wales under the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023. These regulations complete the statutory definition of a higher-risk building (HRB) for the purpose of building safety legislation under the Building Act 1984, as amended by the Building Safety Act 2022.
Under these regulations, a higher-risk building in Wales is defined as a building that meets all three of the following criteria:
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Height or storeys: the building is at least 18 metres in height or has at least 7 storeys;
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Use or occupancy: it contains at least one residential unit, or is a hospital with at least one overnight bed, a care home, or a children’s home;
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Not excluded: it does not fall within specific exclusions, such as buildings comprised entirely of secure residential institutions, hotels, or military barracks, and certain Ministry of Defence accommodations.
This definition has been in force since 1 January 2024 and sets the threshold for when an enhanced building safety regime applies in Wales, particularly during the design and construction phase of higher-risk building work.
Note: Wales differs from England in that only one residential unit is required for HRB status under these Welsh regulations, whereas in England the definition generally requires two or more residential units to trigger the higher-risk regime.
New HRB Procedures Regulations (2025) — Effective 26 July 2026
The Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025
These regulations were made in late 2025 and are scheduled to come into force on 26 July 2026. They implement a new procedural framework for building control in relation to higher-risk buildings in Wales, as part of the ongoing implementation of the Building Safety Act 2022.
Key Features of the 2025 HRB Procedures
1. Formal Building Control Approval Required Before Work Begins
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Before any HRB work begins — whether new construction or work to an existing HRB — formal building control approval must be obtained.
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Applications must include detailed plans, prescribed documentation, and competence declarations from duty holders.
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Local building control authorities (not a national regulator) are responsible for reviewing and determining these applications.
2. Defined Timeframes for Decision Making
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Determination periods are set in the Regulations:
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12 weeks for new HRB work,
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8 weeks for work to an existing HRB,
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with potential extensions if agreed by the applicant.
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These timeframes are intended to foster timely oversight and clear expectations for stakeholders.
3. Change Control and Record Keeping
The Regulations introduce a structured approach to managing changes during construction:
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Recordable changes — logged in the building control system;
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Notifiable changes — reported and documented;
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Major changes — subject to formal approval.
This system ensures that the risk profile of the building — and any adjustments — is properly monitored.
4. Golden Thread of Information
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Dutyholders must maintain an accurate and secure digital record of building information throughout the project.
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This “golden thread” supports transparency and safety and must be handed over to the responsible person when work is complete.
5. Mandatory Occurrence Reporting
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Principal duty holders must set up a system to report safety-related incidents that occur during HRB construction.
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Prompt reporting enables early intervention and supports sector-wide improvements in safety practices.
6. Completion Certificates
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The Regulations establish procedures for issuing completion and partial-completion certificates.
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Building control authorities must inspect work and consult with relevant bodies before issuing certificates.
7. Appeals and Retrospective Regularisation
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There are mechanisms for applicants to appeal when building control authorities fail to decide within prescribed timeframes.
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Retrospective approval processes exist for unauthorised HRB work, ensuring safety standards are met even after work is complete.
8. Transitional Arrangements
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Schedule 3 of the Regulations provides transitional arrangements for projects underway before 26 July 2026, meaning the previous regime continues to apply to such ongoing projects.
Connecting the HRB Definition to the New Procedures
The 2025 Regulations rely on the existing HRB definition set out in the 2023 regulations (and commenced 1 January 2024) to identify which buildings are subject to the enhanced procedural regime.
That means:
Any building that meets the Welsh HRB threshold — tall enough or many storeys and with relevant uses like residential units — must follow these new approval, supervision, reporting, and certification requirements from 26 July 2026 onward if the work involves higher-risk building activity.
Why These Changes Matter
Together, this suite of new legislative instruments represents a significant overhaul of building control and safety regulation in Wales, designed to:
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Enhance transparency and accountability among clients, designers, and contractors;
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Ensure safety at every stage of HRB design and construction;
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Provide robust oversight and control points before, during, and after higher-risk building work;
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Embed consistent reporting and documentation practices that support long-term safety outcomes.