41.This section sets out how the three different categories of “regulated buildings” are defined. When a building has been identified as a “regulated building” via sections 2 and 3 (and 4 if relevant) it is categorised under this section. Some duties under the Act apply only in relation to buildings that come within a particular category. This provision and any regulations made under it determine which category a regulated building comes within.
42.Category 1 buildings are at least 18 metres in height or have at least 7 storeys.
43.Category 2 buildings are at least 11 metres in height or have at least 5 storeys but are less than 18 metres in height and have fewer than 7 storeys i.e. they are not a category 1 building.
44.Category 3 buildings are less than 11 metres in height and have fewer than 5 storeys.
45.Subsection (5) defines when a mezzanine floor is to be regarded as a “storey” in respect of regulated buildings.
46.Subsection (6) provides the Welsh Ministers with a power to make regulations to supplement this section. For example, regulations may set out details of how to measure the height of a building or provide for how storeys are to be counted.
47.Regulations may also be used to make provision for when buildings of a particular description should be treated as falling into a different category than they otherwise would. This might be due to evidence identifying such buildings being at higher or lower risk than other buildings within the category they would otherwise fall into.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Regulated buildings, residential units and categories of building Section 6 - Categories of regulated building