146.The Domestic Fire Safety (Wales) Measure 2011 (‘the 2011 Measure’) provides that the Welsh Ministers may make automatic fire suppression systems – commonly referred to as sprinkler systems – compulsory in all new and converted residences.
147.Following consultation in 2012 on implementation of the 2011 Measure and the transfer of the system of building control (most notably the Building Regulations) to the Welsh Ministers, only section 1 of the 2011 Measure was brought into force(10). The fact that the enforcement provisions of the Measure have not been brought into force mean that, as things stand, it has no practical effect. Section 1 was only brought into force to a limited extent, and does not apply to a range of buildings, including listed buildings, buildings in conservation areas, and buildings with a planned time of use of two years or less.(11)
148.Section 1(3)(b) of the 2011 Measure states that it does not apply “if building regulations imposing requirements as to the provision of automatic fire suppression systems apply to that work, or would apply but for a direction under section 8 of the [Building Act 1984] dispensing with such requirements”. Regulation 37A of the Building Regulations 2010 requires that automatic fire suppression systems are provided in certain buildings while section 6 of the 2011 Measure sets out the residences to which it applies.
149.In practice, the requirements around the installation of fire suppression systems are set out in, and enforced through, the Building Regulations. Paragraph 26 of this Schedule to the Act therefore repeals the 2011 Measure in full.
Commentary on Sections Part 3 – Repeals of Welsh Legislation Part 7 – Domestic Fire Safety (Wales) Measure 2011