133.This section sets out meaning of “building safety risk”. In relation to category 1 and category 2 buildings the term means both a fire safety risk and a structural safety risk. In relation to category 3 buildings the term means a fire safety risk.
134.Subsection (2) provides a power for the Welsh Ministers to make regulations that modify the definition of “building safety risk” to include other risks to the safety of people in or about in-scope buildings. In relation to a category 1 or 2 building, that will be a risk that is not a fire or structural safety risk. In relation to category 3 buildings, that may include a structural safety risk.
135.Subsection (4) provides that any regulations must set out how the new risk must be assessed and managed when a building to which the regulations apply is “occupied”. The regulations may specify that any provision under this Act that applies in relation to fire safety risks or structural safety risks applies in relation to the new risk or make provision corresponding to any such provisions (subsection (5)). For example, the regulations may place new duties on residents and owners of residential units.
136.This provides flexibility to extend the application of Part 1 of the Act in the future to reflect emerging risks to the safety of people in or about regulated buildings. For example, this might be a risk arising from a particular consequence of climate change.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Key terms Section 28 - Meaning of “building safety risk”