Implementation of the Building Safety (Wales) Act 2026

This consultation Implementing the Building Safety (Wales) Act 2026: principal accountable person, registration and fees was published on 24 September 2026 and closes on 18 December 2026.

Responses to the consultation can be submitted until 18 December 2026 via this link.

Last month, we published an article on a previous Welsh Government consultation concerning the implementation of the Act, covering proposals on the remediation regime, including remediation orders and remediation contribution orders, leaseholder protections in relation to remediation costs, and the methodology for calculating building height and storey numbers for categorisation purposes. Please see our previous article here for more information on this Act: Building Safety (Wales) Act 2026: Consultation closes on 07 September 2026.

This latest consultation focuses on three operational aspects of the new regime that are likely to be of particular interest to housing providers and other organisations responsible for regulated buildings in Wales.

Principal Accountable Person determinations

The consultation proposes a process under section 10 of the Building Safety (Wales) Act 2026 which would enable multiple accountable persons to jointly apply to the relevant building safety authority for a determination as to which party should be treated as the PAP for a regulated building. The proposal is intended to provide a clearer and more cost-effective alternative to applying to the Residential Property Tribunal where there is broad agreement between the parties but a formal determination is required. This differs from the position in England, where applications for a formal PAP determination must be made to the First-tier Tribunal, potentially making the proposed Welsh process a more streamlined route where the parties are broadly aligned.

The proposed regulations would set out the procedure, form and content of applications under section 10 of the Act. Applications would be submitted electronically and accompanied by information concerning ownership arrangements, repairing obligations and each applicant's responsibilities. The Welsh Government also proposes that any joint applicant should be able to withdraw an application and that the building safety authority should be able to decline to make a determination where the matter would be more appropriately resolved by the Residential Property Tribunal.

Registration of Category 1 and Category 2 buildings

The consultation sets out proposals for the registration of Category 1 and Category 2 buildings with building safety authorities, including the registration process, the information required as part of an application and the removal of buildings from the register.

The proposed registration process would require the submission of key information about the building and those responsible for it, including the building's address, category, height, number of storeys, number of residential units and details of the PAP and any other accountable persons. For certain newly constructed Category 1 buildings that have been through the Gateway 3 process, registration applications would also need to include confirmation that a partial or full completion certificate has been issued.

The Welsh Government intends the registration requirements to be introduced in phases, with Category 1 buildings becoming subject to registration before Category 2 buildings. For buildings already occupied when the relevant provisions come into force, PAPs are expected to have a transitional period, currently anticipated to be six months, before any offence for failing to register arises.

The consultation also includes proposals regarding the information to be held within the register of Category 1 and Category 2 buildings maintained by building safety authorities. The Welsh Government proposes that information submitted as part of a registration application, together with information relating to building certificates where applicable, would form part of the register entry. Certain information, including the building address, category, height, number of storeys and the identity of the PAP, would be publicly available in order to improve transparency for residents and prospective occupiers.

The consultation also includes proposals governing applications by PAPs to remove buildings from the register, including the form and content of such applications.

The proposed registration of Category 2 buildings is also notable in the context of ongoing efforts across the UK to address information gaps in relation to mid-rise residential buildings. While the UK Government has indicated that registration of 11-18 metre buildings will form part of its Remediation Acceleration Plan for England, detailed regulations have yet to be published. In Wales, registration will be particularly significant given the building safety duties placed on accountable persons and PAPs for Category 2 buildings, and the need for building safety authorities to monitor compliance with those obligations.

Proposed fees

The Welsh Government is also seeking views on the fees that building safety authorities should charge for PAP determinations and building registration.

The current proposal is for a fee of £100 for an application seeking a determination of the PAP and £250 for the registration of a Category 1 or Category 2 building. The Welsh Government considers these charges to be proportionate and broadly consistent with comparable regulatory regimes elsewhere in the UK, although it indicates that the registration fee may be reviewed in the future.

Conclusion 

This consultation provides further detail on how the new Welsh building safety regime will operate in practice. While many of the Act's key principles are already established, the proposals give greater clarity on accountability arrangements, building registration requirements and the practical operation of building safety authorities.

Housing providers and other organisations responsible for regulated buildings in Wales should consider how the proposed changes may affect their existing governance and compliance arrangements, particularly in relation to identifying PAPs, preparing for registration, and understanding the additional regulatory costs that may arise. 

Victoria Smith and Mark London are Partners at Devonshires.