Building Safety (Wales) Act 2026

The Building Safety (Wales) Act 2026 (“the 2026 Act”) establishes a new building safety regime in Wales, regulating the assessment and ongoing management of building safety risks during the occupation phase of multi-occupied residential buildings. 

In summary, the 2026 Act:

• identifies those on whom statutory duties under the Act are placed;
• requires the registration with a building safety authority of certain regulated buildings (namely those that are at least 11 metres in height or which have at least 5 storeys);
• confers functions on the “building safety authority”. The Welsh Ministers will designate a local authority in each fire and rescue authority area as the building safety authority for that area.  
• confers new functions on the “fire safety authority” in Wales, that is each fire and rescue authority for an area in Wales or a fire inspector in the case of Crown premises;
• creates duties to assess and manage fire safety risks in all in-scope buildings.   “In-scope buildings” include regulated buildings and relevant houses of multiple occupation (HMOs);
• creates duties to assess and manage structural safety risks for in-scope buildings that are at least 11 metres in height, or which have at least 5 storeys. 
• puts in place new rights for residents of in-scope buildings and place duties upon them;
• establishes a new enforcement regime to enable enforcement action to be taken, if the new duties are not met;
• enables the Welsh Ministers, by regulations, to provide that the residential property tribunal may make a remediation order; and may make a remediation contribution order that would require payments to be made by a relevant body corporate or partnership to a specified person for the purposes of meetings costs incurred in remedying, or otherwise in connection with, relevant defects relating to a relevant building;
• enables the Welsh Ministers by regulations, to make provision limiting (in some cases to nil), the requirement to pay certain service charges, and to make connected provision. 
  
  The Explanatory Notes to the 2026 Act provide detailed commentary on the various provisions. A link to the Explanatory Notes on legislation.gov.uk will be provided once available.

Coming into force
 

Section 138(1) provides that the following provisions come into force on 28 April 2026: sections 1 to 9; sections 13 to 17; sections 133 to 136; section 137(3) and (4); section 138; section 140. 

Section 138(2) provides that the other provisions of the 2026 Act come into force on a day appointed by the Welsh Ministers in an order made by Welsh statutory instrument. 

Section 139 places a duty on the Welsh Ministers to report on the progress in bringing the Act into force. A report must be published and laid before Senedd Cymru at specified intervals until the Act is fully in force.
 

Subordinate legislation made under the Act
 

Any subordinate legislation made under the 2026 Act will be added when that subordinate legislation is made.

Consideration of the legislation by the Senedd

The Bill was introduced to the Senedd on 7 July 2025 by Jayne Bryant MS, (then) Cabinet Secretary for Housing and Local Government. It was passed by the Senedd on 10 March 2026 and received Royal Assent on 27 April 2026.

More information about the 2026 Act is provided on the Senedd website including a record of the Bill’s passage through the Senedd.

An Explanatory Memorandum was originally prepared for consideration by the Senedd alongside the Bill. This has now been revised and updated to reflect the final form of the 2026 Act. 

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