Summary: Application of the Building Safety Act
If you need help and support on health and safety matters, consider becoming a member of our Safety~net support service. Please note that support and advice on this and other topics covered on our website are provided exclusively for members of Safety~net, our Competent Person Support Scheme.
Please note that the information below reflects our best understanding at the time of writing and is subject to change.
While the core principles of the Building Safety Act 2022 aim to improve building safety across England and Wales, there are some key differences in their implementation. Primarily, these differences stem from the distinct regulatory structures and timelines for establishing the Building Safety Regulator (BSR) in each nation. England has fully established the BSR as the primary regulator, particularly for Higher-Risk Buildings (HRBs), whereas Wales is in the process of setting up its own equivalent, with some interim arrangements and adaptations. The practical application of the Act’s requirements regarding HRBs, dutyholders, and competence remains largely aligned, but the specific mechanisms for oversight and enforcement can vary. Notably, Wales has its own processes for designating HRBs, and also has it’s own legislative landscape, which, whilst similar, can contain subtle differences. Therefore although the Act is largely the same, the application of the Building Safety Act has it has differences.
Key Differences Between England and Wales:
| Feature | England | Wales |
|---|---|---|
| Building Safety Regulator (BSR) | Fully established as the sole Building Control Authority for HRBs. Operates under the Health and Safety Executive (HSE). | Developing its own approach to regulating high-rise buildings. Currently uses a risk-based approach and local authority control. Phased implementation of new regulation expected. |
| Definition of HRBs | Buildings at least 18 meters or 7+ storeys, with 2+ residential units, including care homes and hospitals. | Follows similar height restrictions but has some slight adjustments reflecting the Welsh Legislative landscape, also mixed-use buildings. |
| Gateway Process | Strict adherence to the Gateway Process for HRBs, with BSR approval required at critical stages. | Similar, the regulator that conducts this role can currently vary until the BSR is fully established within Wales. Implementation timescales can vary. |
| Legislative Landscape | Under the jurisdiction of the UK Parliament and the Building Safety Regulator for England | Governed by the Senedd, with legislation implemented by Welsh Ministers. This leads to subtle differences in the details of regulation. |
| implementation timescales | generally, the implementation of the act and it’s changes are further ahead than that of Wales | The implementation of the Building Safety Act is taking longer in Wales, reflecting its need to develop its own approach to regulation and create a BSR equivalent. |
