The Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023
| Jurisdiction | Wales |
| Year | 2023 |
| Citation | SI 2023/1210 (W213) |
2023 No. 1210 (W. 213)
Building And Buildings, Wales
The Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023
Made 15th November 2023
Coming into force 1st January 2024
The Welsh Ministers, in exercise of the powers conferred on them by sections 120A(3) and 120I(2), (4) and (5)(a) of the Building Act 19841, make the following Regulations.
In accordance with section 120C(2)2of the Building Act 1984 the Welsh Ministers have consulted the Building Regulations Advisory Committee for Wales and such other persons as they consider appropriate.
In accordance with section 120A(9) of the Building Act 1984 a draft of these Regulations has been laid before and approved by a resolution of Senedd Cymru.
Title and coming into force
1.—(1) The title of these Regulations is the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023.
(2) These Regulations come into force on 1 January 2024.
Interpretation
2. In these Regulations—
“care home” (“cartref gofalcartref gofal”) means a place at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 20163is provided wholly or mainly to persons aged 18 or over;
“children’s home” (“cartref plantcartref plant”) means a place at which a care home service or a secure accommodation service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged under 18, but not—
(a) an institution within the further education sector as defined by section 91(3) of the Further and Higher Education Act 19924;
(b) a place at which accommodation is provided for the purposes of—
(i) a holiday;
(ii) a leisure, recreational, sporting, cultural or educational activity;
unless a person under 18 is accommodated there for more than 28 days in any 12 month period;
“dwelling” (“anneddannedd”) includes a flat;
“flat” (“fflatfflat”) means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which it is divided horizontally;
“ground level” (“lefel y ddaearlefel y ddaear”), in relation to a building, means—
(a) where the level of the surface of the ground on which the building is situated is uniform, the level of the surface of the ground immediately adjacent to the building, or
(b) where the level of the surface of the ground on which the building is situated is not uniform, the level of the lowest part of the surface of the ground immediately adjacent to the building;
“His Majesty’s forces” (“lluoedd Ei Fawrhydilluoedd Ei Fawrhydi”) has the same meaning as in the Armed Forces Act 20065;
“hospital” (“ysbytyysbyty”) means a health service hospital within the meaning of the National Health Service (Wales) Act 20066(see section 206(1) of that Act) or an independent hospital within the meaning of the Care Standards Act 20007;
“hostel” (“hostelhostel”) means a hostel providing temporary accommodation to those who are not ordinarily resident elsewhere;
“residential unit” (“uned breswyluned breswyl”) means—
(a) a dwelling, or
(b) any other unit of living accommodation which, for example, includes a room in a hostel, a room in a hall of residence or other accommodation for students or pupils;
“secure residential institution” (“sefydliad preswyl diogelsefydliad preswyl diogel”) means an institution used for the provision of secure residential accommodation, including use as a prison...
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