
2024 No. 742 (W. 103)
Building And Buildings, Wales
The Building (Amendment) (Wales) Regulations 2024
Made 7 June 2024
Laid before Senedd Cymru 11 June 2024
Coming into force 17 December 2024

The Welsh Ministers make the following Regulations in exercise of the powers conferred on the Secretary of State by sections 1 and 34 of, and paragraphs 7, 8 and 10 of Schedule 1 to, the Building Act 1984, now exercisable by them.

In making these Regulations the Welsh Ministers have regard to the matters in section 1A3 of that Act and before making these Regulations the Welsh Ministers consulted the Building Regulations Advisory Committee for Wales and such other persons as appeared to them to be appropriate in accordance with section 14(7) of the Building Act 1984.
Title, application, and coming into force
1 

(1) The title of these Regulations is the Building (Amendment) (Wales) Regulations 2024.
(2) These Regulations apply in relation to Wales.
(3) These Regulations come into force on 17December 2024.
Amendment of the Building Regulations 2010
2 

(1) The Building Regulations 2010 are amended as follows.
(2) In regulation 2 (interpretation) in the definition of “institution”, in paragraph (b), for “under the age of five years” substitute “under the age of 18”.
(3) In regulation 37A (provision of automatic fire suppression systems)—
(a) in paragraph (1), after sub-paragraph (a) insert—“
(aa) care homes for children, which means places at which a care home 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—
(i) an institution within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992;
(ii) a place at which accommodation is provided for the purposes of—(aa) a holiday;(bb) 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;”
(b) for paragraph (2) substitute—“
(2) For the purposes of this regulation a material change of use comprises or includes—
(a) a change of use within regulation 5(a), (b), (c), (d), (g), (h) or (i);
(b) a change in the purposes for which or the circumstances in which a building is used, so that after that change the building is used—
(i) as a building described in paragraph (1)(a) where previously it was used as a building described in paragraph (1)(aa), or
(ii) as a building described in paragraph (1)(aa) where previously it was used as a building described in paragraph (1)(a).
(2A) Regulation 6 does not apply to the material change of use described in paragraph (2)(b).”
Julie James
Cabinet Secretary for Housing, Local Government and Planning
7 June 2024