EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Building Regulations 2010 (“Building Regulations”) as they apply in relation to Wales, and the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 (“Approvers Regulations”). The amendments made by these Regulations impose new requirements for digital infrastructure and connectivity in newly built dwellings.

Regulation 3 makes transitional provision under which the new requirements do not apply.

Regulation 4(2) inserts new regulations 44ZAA to 44ZC into the Building Regulations. These amendments require a person who is erecting a new dwelling to submit to the local authority, prior to commencement of building work, particulars of any connection to a public electronic communications network to be provided for that dwelling, alongside any evidence which supports their reliance on the exemptions set out in regulations 44ZB and 44ZC, which modify or exclude the new requirements in certain cases.

Regulation 4(4) inserts new paragraphs RA1 and RA2 into Schedule 1 to the Building Regulations. Those paragraphs contain new requirements relating to the provision, within newly built dwellings, of “gigabit-ready physical infrastructure” and a connection to a “gigabit-capable public electronic communications network” (those terms being defined in regulation 44C of the Building Regulations, as amended by regulation 4(3) of these Regulations).

Regulation 5 contains related amendments to the Approvers Regulations.

The Building Act 1984 gives the Secretary of State the power to approve and issue documents containing practical guidance with respect to requirements contained in the Building Regulations. That power is exercisable by the Welsh Ministers insofar as it applies to Wales.

Approved Document R Volume 1 2025 edition contains practical guidance on meeting the new requirements inserted into the Building Regulations by this instrument. The Approved Documents are published by the Welsh Ministers and may be accessed at www.gov.wales.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the website at www.gov.wales.