The Building Safety Act 2022 transformed building safety regulation in England following the Grenfell Tower tragedy; however, Wales has now taken a different approach.
The Building Safety (Wales) Act 2026 introduces a wider-ranging building safety regime that extends regulatory oversight beyond the highest-risk buildings and introduces new duties across a much larger proportion of Wales’s residential building stock.
For building owners, landlords, housing providers, and managing agents, understanding these differences will be critical. For many organisations, compliance will require the development of robust building safety management systems and, for Category 1 buildings, the production of a safety case report.
Looking for expert insights into what to include in your safety case report? Tune in to our recent Pennington Choices podcast episode, 'Your Building Safety Case Report Questions Answered', to find out everything you need to know.
One of the most significant differences in the scope of buildings covered is:
In England, under the Building Safety Act 2022, the occupation regime primarily applies to Higher-Risk Buildings, which are generally buildings at least 18 metres tall or 7 stories and above with at least two residential units.
Wales introduces a three-tiered system:
Category 1: The building is at least 18 metres high or 7 storeys and has a minimum of two residential units.
Category 2: The building is between 11 and 18 metres or 5 or 6 storeys with a minimum of two residential units.
Category 3: The building is under 11 metres and fewer than 5 storeys with a minimum of two residential units.
What this means is that thousands more buildings will fall under formal building safety duties in Wales compared to England.
In England, the strongest regulatory focus is on Higher-Risk Buildings. However, in Wales:
This represents a substantial expansion of statutory duties across medium-rise residential buildings.
The safety case report is already a familiar concept in England’s Higher-Risk building regime. Under the Welsh legislation, Category 1 buildings will require a safety case report demonstrating:
The report must form part of the Building Certificate application process.
This means Accountable Persons will need clear evidence of:
In Wales, Principal Accountable Persons (PAPs) must register both Category 1 and Category 2 buildings with the Building Safety Authority. Failure to register an occupied building is an offence. The PAP must also confirm the accuracy of information held on the register every five years.
This creates additional compliance obligations for organisations that may not currently be captured by England’s Higher-risk building regime.
Wales has adopted the principle of the “golden thread” of information. The legislation requires key building information relating to:
All of which will need to be maintained and accessible throughout the building's lifecycle. While detailed requirements are still being developed through regulations, organisations should already be considering how building information is stored, maintained, and reviewed.
Similar to England, resident engagement forms a central part of the framework. For Category 1 buildings, duty holders will be required to:
The Welsh Act also places direct responsibilities on residents regarding:
Enforcement powers will be available where residents fail to comply.
Wales will establish dedicated Building Safety Authorities, designated by Welsh Ministers across fire and rescue authority areas.
The Building Safety Authority will oversee:
Fire Safety Authorities will separately regulate and enforce fire safety duties.
Welsh Government has indicated that implementation will be phased, although timings remain subject to secondary legislation, guidance, and formal commencement orders.
You should start to:
The Building Safety (Wales) Act 2026 does much more than replicate England's Building Safety Act 2022. It expands regulatory oversight to a far wider range of residential buildings and places greater emphasis on proactive management of both fire and structural safety risks.
For responsible persons, landlords, housing associations, and managing agents, the question is no longer whether building safety compliance will affect them, but how prepared they are to demonstrate compliance when the new regime comes into force.
For Category 1 buildings in particular, the safety case report will become one of the most important pieces of evidence demonstrating that building safety risks are understood, controlled, and continuously managed.
Most Welsh residential buildings that were outside the English higher-risk building regime will now face formal building safety duties.
At Pennington Choices, we help duty holders identify their obligations, build compliance frameworks, and produce safety case reports that withstand regulatory scrutiny. If you are looking for support with any of your building safety needs, we will ensure you are ahead of the curve when registration closes. Reach out to get in touch with our team of building safety experts.