Transitional arrangements for Approved Documents F, L and O - Wales

The provisions are plot specific for parts F, L and O

The new regulations do not apply to work on a particular building where a building notice, full plans application or initial notice have been submitted before that date, provided the work for each building is started before 23 November 2023 or 29 March 2024 respectively.

In some cases, applications will be in respect of a number of buildings on a site, for example, a number of houses. In such cases, it is only those individual buildings for which work is commenced which can take advantage of the transitional provisions.

A building is defined in Schedule 2 of the Building Regulations, but in summary, a building is a newly built or converted dwelling or a number of units within one block or structure. 

A Building could be residential or non-residential/commercial.

The Welsh Government has confirmed that the following would constitute a commencement for the purposes of the Building Regulations:

• excavation for strip or trench foundations or for pad footings
• digging out and preparation of the ground for raft foundations
• vibrofloatation (stone columns) piling, boring for piles, or pile driving.

The Welsh Government has confirmed that the following work would not constitute a commencement for the purposes of Building Regulations:

• removal of vegetation
• demolition of any previous buildings on the site
• removal of topsoil
• removal or treatment of contaminated soil
• excavation of trial holes
• dynamic compaction
• general site servicing works (e.g. roadways).

No, the new regulations and transitional provisions only apply to buildings built in Wales.

The Welsh Government definitions are suitable for the purposes of Building Regulations, however where a builder also requires an NHBC warranty there are additional risks that should be considered if only commencing the work in accordance with the government guidance for Building Control only:

• excavations left exposed without concreting
• part foundations prepared (differential settlement).

Therefore, for plots where an NHBC warranty is also required, we will require additional work to be completed for the purposes of meeting NHBC Standards and the transitional provisions.

Within the transitional period:

• excavations must commence for the whole building before the end of the transition period
• excavations must be inspected by NHBC
• once inspected and deemed satisfactory, the full extent of excavation must be concreted
• the excavation should be suitable for the proposed building and should not be altered after concreting
• a site layout, foundation plan, and reinforcement schedule for each commenced plot is required

Raft foundations

Within the transitional period:

• excavations must commence for the whole building before the end of the transition period
• excavations must be inspected by NHBC
• once inspected and deemed satisfactory, the excavation must be concreted
• the excavation should be suitable for the proposed building and should not be altered after concreting
• a site layout and foundation plan for each commenced plot is required

Vibrofloatation/Piling:

Within the transitional period:

• vibrofloatation or piling must commence for the whole building before the end of the transition period
• the work should be completed as one continuous operation
• vibroflotation/piling must be inspected by NHBC
• the foundation should be suitable for the proposed building and should not be altered after concreting
• for podiums all blocks built of the area of podium built as part of the initial work to meet the transitional provisions will be deemed to have met the provisions
• a site layout, foundation plan, structural design and load tests for each commenced plot are required.