2026-09-07 · HawkSwift Ltd

Building Safety (Wales) Act 2026: What Landlords and Assessors Must Know

The Building Safety (Wales) Act 2026 received Royal Assent on 27 April 2026, and it is the biggest change to building safety regulation in Wales since the Regulatory Reform (Fire Safety) Order 2005. For the first time, fire risk assessments for multi-occupied residential buildings in Wales must be carried out by a competent person — and getting this wrong is now a criminal offence carrying a penalty of up to two years' imprisonment.

Unlike England's Building Safety Act 2022, which focuses on higher-risk buildings over 18 metres or seven storeys, the Welsh Act regulates three categories of multi-occupied residential buildings — including smaller blocks that have never been subject to this level of statutory control. The Welsh Government's first implementation consultation, covering new remediation powers and how building height and storeys are calculated, closes today, 7 September 2026.

What is the Building Safety (Wales) Act 2026?

The Act (2026 asc 5) is an Act of Senedd Cymru that creates a Wales-specific regulatory regime for the safety of residents in multi-occupied residential buildings, developed in response to the Hackitt Review, the Grenfell Tower Inquiry and the Welsh Government's Building Safety Expert Group.

Its main elements are:

Three categories of regulated building, each with its own level of duties.
Registration of category 1 and category 2 buildings with a building safety authority.
Fire risk assessments by competent persons, with statutory timing and review rules.
Structural safety assessments for category 1 and category 2 buildings.
Resident engagement and information rights, including residents' engagement strategies for category 1 buildings.
Remediation orders and contribution orders to fix historical building safety defects (Part 4).
Special measures orders, allowing a tribunal-appointed manager to take over building safety functions where duty holders are failing.

Most provisions are not yet in force — they will be commenced by Welsh Ministers through regulations (section 138(2)). That gives owners a window to prepare.

Which buildings are regulated?

The Act applies to multi-occupied residential buildings — blocks of flats and similar shared residential buildings — across all three categories, not just high-rise:

| Category | Height / storeys | Main duties | |---|---|---| | Category 1 | At least 18 metres or at least 7 storeys | Full regime: registration, fire and structural safety, safety case report, building certificates, residents' engagement strategy | | Category 2 | At least 11 metres or at least 5 storeys (below category 1) | Registration, fire and structural safety duties (fewer restrictions) | | Category 3 | Below 11 metres and below 5 storeys | Fire safety duties only (including the fire risk assessment) |

Two points stand out:

Fire risk assessments are required for every category — a two-storey block of flats in a category 3 building is within the new FRA regime, not just tower blocks.
Structural safety assessments apply only to categories 1 and 2.

Part 2 creates a parallel regime for "relevant HMOs", with the same competent-person requirement for HMO fire risk assessments. The scale is small — Osborne Clarke estimates around 180 category 1 buildings and 450 category 2 buildings in Wales — but the category 3 population, covering smaller blocks, is far larger and now firmly in scope.

Fire risk assessments must now be made by a competent person

Section 30 of the Act is the provision that changes everything for fire risk assessment in Wales: *"A fire risk assessment for a regulated building must be made by a competent person."*

A "competent person" is defined as *"an individual or body having sufficient expertise or experience to assess the fire safety risks in relation to the relevant parts of the building"*.

Crucially, the Welsh Ministers may by regulations specify requirements that an individual or body must satisfy to be treated as competent — including *"requirements for particular qualifications or for accreditation by, or membership of, a particular organisation"*. That is the route by which recognised accreditation schemes (such as those aligned with BAFE SP205 for fire risk assessors) are likely to become the practical benchmark for who can legally sign off an FRA in Wales.

The same duty is imposed on HMOs by section 82, with the same power to specify qualification or accreditation requirements. For existing assessments, Schedule 4 makes transitional provision for FRAs already in place for regulated buildings and relevant HMOs — but those existing assessments will need to be checked against the new standard.

Timing and review of fire risk assessments

Section 31 sets out when the first assessment must happen and when it must be refreshed:

First assessment: no later than 6 months after the later of (a) the day the building becomes occupied, or (b) the day the section comes into force.
Further assessments: as soon as possible after any of the following:
works are carried out, or occupation or use changes, that require planning permission or building control approval;
works are carried out for the first time to adapt any part of the building for disabled residents;
a fire causes damage to any of the common parts, or to two or more residential units;
a review suggests the current assessment is no longer suitable and sufficient;
the principal accountable person has any other reason to suspect the assessment is no longer suitable and sufficient.

The assessment must also be kept under review at least annually. For HMOs, section 83 imposes the equivalent duties on the landlord. The practical effect: Wales moves from "review your FRA regularly" to a statutory timetable with criminal consequences.

Offences and penalties: the criminal sanctions

Under section 30(5):

a person who makes a fire risk assessment for a regulated building while not a competent person commits an offence; and
the principal accountable person commits an offence if they knew, or ought reasonably to have known, that the person making the assessment was not competent.

The penalties are severe:

On summary conviction: a fine or imprisonment up to the applicable limit under the Sentencing Code, or both.
On conviction on indictment: a fine or imprisonment for a term not exceeding 2 years, or both.

There is also a specific offence in section 30(7) of merely offering to carry out an FRA without being competent (a summary fine), mirrored for HMOs under section 82. Beyond the FRA offences, occupying a category 1 or category 2 building without registration is a criminal offence attracting an unlimited fine and up to two years' imprisonment.

Two implications follow. For duty holders: "I didn't know" is not a defence if you ought reasonably to have known — keep written evidence that whoever carried out your FRA is genuinely competent. For assessors: the days of generic "health and safety consultants" producing FRAs without fire-specific competence are numbered in Wales; the offence applies to the assessor and the accountable person alike.

Registration, building safety authorities and resident engagement

The Act designates Wales's 22 local authorities as building safety authorities — there is no separate regulator equivalent to England's Building Safety Regulator. Key duties for category 1 and category 2 buildings:

Registration before first occupation (address, height, storeys, dwellings, principal accountable person).
Keeping the entry up to date, notifying specified changes within 14 days, with a declaration of accuracy every five years.
For category 1: a safety case report, building certificates renewable every five years, a residents' engagement strategy and a complaints system.

Special measures orders are the last-resort enforcement tool: where residents are at risk and duty holders are failing, the tribunal can appoint a special measures manager to take over building safety functions. Residents and leaseholders also gain a statutory right to building safety information held by accountable persons.

Remediation orders, contribution orders and leaseholder protection (Part 4)

Part 4 gives Wales its own remediation regime for historical in-built defects — the Welsh equivalent of England's remediation orders and contribution orders, with some notably broader features:

Remediation orders (section 114): the Residential Property Tribunal for Wales can order a relevant landlord or management company to remedy specified relevant defects, or take specified steps, by a set time.
Remediation contribution orders (section 115): the tribunal can require a relevant body corporate or partnership — including current and former landlords (as at 20 February 2026), developers and associated persons — to pay towards remediation costs.
Relevant buildings: category 1 and category 2 buildings only.
Relevant works window: construction or conversion completed between 28 June 1992 and 20 February 2026, plus later works to remedy relevant defects.
Who can apply: the building safety authority, the fire safety authority, anyone with a legal or equitable interest, and others specified in regulations.
Leaseholder protection: the regime limits the costs that can be passed on to leaseholders for remediation of relevant defects.

The Welsh Ministers must lay draft regulations within nine months of Royal Assent (by around late January 2027), the earliest the powers can become operative. The first implementation consultation ("Implementing the Building Safety (Wales) Act 2026", reference WG54492) covers these Part 4 regulations and the height/storey calculation methodology, and closes today, 7 September 2026. Proposed methodology highlights:

The number of storeys is taken at the position giving the greatest number of storeys; below-ground storeys and roof-top plant areas are excluded.
A mezzanine counts as a storey only if its internal floor area is at least 50% of the largest non-below-ground storey.
Where ground levels are not uniform, ground level is measured at the lowest part immediately adjacent to the building; mixed-use buildings are measured the same way.

Anyone with a stake in Welsh residential buildings can respond via the online consultation form.

How the Welsh regime differs from England

Content written for England is frequently wrong for Wales, so be precise:

Scope: England's Building Safety Act 2022 regulates higher-risk buildings over 18 metres or 7 storeys; Wales regulates all three categories down to smaller blocks.
Regulator: England has a dedicated Building Safety Regulator; Wales uses its 22 local authorities.
Contribution orders: the Welsh test for "associated persons" is designed to be broader, capturing contractual and economic control relationships (parents, joint venture partners, SPVs), and the qualifying date for former landlords (20 February 2026) differs from England's (14 February 2022). Public bodies and third-party funders are more explicitly able to recover costs.
Defect window: Wales uses a fixed window (28 June 1992 – 20 February 2026) rather than England's rolling 30-year lookback.
Building regulations: Wales has its own fire-safety guidance, separate from the England-only 2026 second-staircase changes.

Because the Upper Tribunal sits for both England and Wales, English remediation case law will feed into Welsh practice over time — but the Welsh regulations will set the ground rules first.

What responsible persons and landlords should do now

The Act is not yet fully in force, but commencement is a matter of "when", not "if":

Identify the category of every building you own or manage, using the height and storey rules, so you know which duties apply.
Check who carried out your last fire risk assessment — verify their fire-safety-specific competence and accreditation, and keep the evidence on file. This is now a legal-compliance issue, not box-ticking.
Prepare for the first-assessment deadline — the first FRA under the Act must be in place within 6 months of commencement; book early rather than racing the clock.
Diarise reviews — at least annually, plus after significant works, changes of use, fire damage, or any reason to suspect the assessment is out of date.
If you run HMOs in Wales, confirm your HMO fire risk assessments meet the same competent-person standard (section 82).
For category 1 and 2 buildings, start assembling registration data — address, height, storeys, dwellings, accountable person details.
Consider responding to the consultation — it closes on 7 September 2026.

How HawkSwift can help

HawkSwift's NEBOSH-qualified assessors carry out fire risk assessments for blocks of flats, HMOs and commercial premises across the UK, with plain-English reports typically delivered within 48 hours from £199 + VAT.

If you need to understand how the new Welsh regime affects your buildings, book a fire risk assessment or ask about a fire strategy review. We also run fire safety training courses for responsible persons and staff. For background, see our guides on fire risk assessment for flats and Building Safety Act duties, fire door legal requirements and choosing a fire risk assessment company.

*This article provides general guidance based on the Building Safety (Wales) Act 2026 and the Welsh Government's published consultation, and is not formal legal advice. For specific buildings, consult a solicitor or the relevant building safety authority.*

Frequently asked questions

Does the Building Safety (Wales) Act 2026 apply to all buildings or just high-rise? It applies to multi-occupied residential buildings in all three categories: category 1 (at least 18 metres or 7 storeys), category 2 (at least 11 metres or 5 storeys) and category 3 (below 11 metres and below 5 storeys). Fire risk assessments are required for every category, so smaller blocks are in scope too.

Who can carry out a fire risk assessment in Wales under the new Act? Only a "competent person" — an individual or body with sufficient expertise or experience to assess the fire safety risks. The Welsh Ministers may specify qualification or accreditation requirements by regulations, and both the assessor and the accountable person face criminal liability for non-compliance.

What are the penalties for a non-compliant fire risk assessment? Making an FRA without being a competent person is an offence, and the principal accountable person (or HMO landlord) also commits an offence if they knew, or ought reasonably to have known. On indictment the penalty is a fine or up to 2 years' imprisonment, or both. Simply offering to carry out an FRA without competence is also a summary offence.

How often must fire risk assessments be reviewed in Wales? The first assessment must be made within 6 months of the later of occupation or commencement of the provisions. Assessments must then be kept under review at least annually, and a further assessment made as soon as possible after significant works, changes in occupation or use, fire damage, or any reason to suspect the assessment is out of date.

Does the Act replace the Regulatory Reform (Fire Safety) Order 2005? No. The existing duties under the RRO 2005 continue to apply. The Act adds a new layer on top: competent-person fire risk assessments with statutory timing, registration for categories 1 and 2, structural safety duties, resident engagement rights and a new remediation regime.

What closes on 7 September 2026? The Welsh Government's first implementation consultation (WG54492) on the Building Safety (Wales) Act 2026. It covers the proposed regulations on remediation orders, remediation contribution orders, leaseholder protections, and the methodology for calculating building height and number of storeys for categorisation.

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