37.Section 5 makes provision about the meaning of “residential unit” for the purposes of the Act. In order to be a “regulated building” a building must contain at least two residential units (section 2(1)).
38.Subsection (6) provides that, in particular, regulations under subsection (5) may be used to exclude buildings or parts of buildings that might otherwise be captured by the definition. Regulations can also make provision about the meaning of “unit of living accommodation” and how residential units are to be counted. An example of this may be where two “residential units” have some level of interdependency on each other and the regulations could provide that they are to be counted as one residential unit.
39.These regulation making powers ensure that, for example, issues arising from new or more unusual living accommodation models can be specifically provided for if it becomes necessary.
40.The Welsh Ministers must consult each building safety authority, each fire safety authority and any other persons they consider appropriate before making regulations under this section.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Regulated buildings, residential units and categories of building Section 5 - Meaning of “residential unit”