MHCLG consults on fire protection rules for telecoms work in buildings

by ConstructionFeatured NewsPassiveSafety

MHCLG: Fire protection and building control dispensations

A government consultation proposes streamlined building control procedures for certain telecommunications work while retaining fire protection requirements.

The Ministry of Housing, Communities and Local Government (MHCLG) has opened a consultation on dispensations covering drilling holes through internal fire-resisting walls for fibre optic cabling and work to mobile communications masts.

The proposals focus on work to existing buildings, including existing higher-risk buildings, and also seek views on approval routes for fibre optic work in buildings outside the higher-risk regime.

The consultation document describes the higher-risk building control regime introduced in October 2023 and defines higher-risk buildings as buildings containing at least 2 residential units, care homes and hospitals that meet the 18 metre or seven storey height threshold.

How the higher-risk process would change

The consultation outlines that the Building Safety Regulator (BSR) is the sole building control authority for higher-risk building work in England.

For fibre optic cabling in existing higher-risk buildings, the proposal is to dispense with procedural requirements linked to gateway two, requirements during construction and gateway three, so work could proceed without applications to, or approval from, the BSR.

A condition under consideration is written notification to the BSR once the work is completed, alongside retaining a handover of accessible digital information covering how the work complies with parts B, F, L and O of Schedule 1 of the Building Regulations 2010.

For fibre optic cabling in existing buildings outside the higher-risk regime, the proposal is to dispense with procedural requirements related to giving a building control notice or submitting full plans, with a completion notification to the relevant building control authority also under consideration.

For mobile communications masts on existing higher-risk buildings, the proposal is to dispense with gateway two and construction-stage procedural requirements, while retaining gateway three checks including the need to apply for, and obtain, a completion certificate from the BSR.

Across the proposals, conditions under consideration include limits on hole size, fire-stopping requirements, product safety standards, time limits between start and completion and requirements for relevant qualifications, with the Principal Contractor identified as the party responsible for ensuring conditions are met.

Consultation dates and response route

The consultation runs from 27 January to 24 March 2026 and invites evidence and views on scope, conditions, enforcement and whether competent person schemes could be appropriate in future for the types of work covered.

Responses can be submitted via an online survey or by emailing buildingregulationsconsultation@communities.gov.uk, with respondents asked to confirm whether they are replying as an individual or on behalf of an organisation and to include contact details.

Building Safety Regulator outlines priorities as it becomes standalone body

by Breaking NewsIFSJ ExclusivesSafety

As the Building Safety Regulator becomes a standalone body, its leadership is promising faster decisions, clearer accountability and a renewed focus on remediation and professional competence

The Building Safety Regulator (BSR) has used its first media briefing following its transition to standalone status to outline its operational priorities for 2026, setting out progress on Gateway 2 approvals, acknowledging ongoing challenges in remediation and signalling forthcoming reforms across enforcement, guidance and professional competence.

Lord Andy Roe, Chair of the Building Safety Regulator, and Charlie Pugsley, the regulator’s Chief Executive, spoke in a one hour virtual session on 28 January, followed by a question and answer segment with national and trade press, including International Fire and Safety Journal.

Throughout the briefing, the regulator framed its new standalone status as a practical step designed to strengthen focus, accountability and delivery, rather than as a structural change for its own sake.

Standalone status and regulatory focus

The speakers said becoming an arm’s-length public body gives the regulator a clearer mandate to concentrate on the complex regulatory regime for higher-risk buildings, while improving transparency and accountability.

They argued that operating independently allows BSR to develop its own systems, publish performance data more clearly and strengthen engagement with industry, residents and professional bodies.

The transition was also positioned as an important milestone in the longer-term ambition of developing a Single Construction Regulator, although the speakers stressed that responsibility for that programme sits with government.

Moral purpose, proportionality and housing delivery

In outlining the regulator’s strategic direction, the speakers repeatedly returned to the lessons of the Grenfell Tower fire, describing it as a systemic failure across multiple institutions and disciplines.

They said this experience underpins the regulator’s focus on scrutinising the design and construction of higher-risk buildings, while also emphasising the importance of proportionality.

The briefing argued that building safety regulation must account for the wider housing system, warning that extended delays in housing delivery can create additional risks, particularly when people are pushed into temporary accommodation or poorly converted buildings.

The regulator presented its role as both challenger and enabler, seeking to raise standards while supporting the safe delivery of much-needed new homes.

Gateway 2: system reform and performance improvement

A central theme of the briefing was the regulator’s recent work to stabilise and improve Gateway 2 building control approvals.

The speakers said that when current leadership took office, the regulator was facing a backlog of 144 applications, representing more than 33,000 residential units, many of which had been stalled for extended periods.

They said this backlog has now been reduced to around 20 live cases, which are described as complex engineering discussions rather than administrative delays.

The briefing explained that a key operational shift has been the removal of the previous “local NDT model” in favour of a centralised approach, allowing BSR to retain direct control over specialist technical resources and regulatory decision-making.

This, combined with closer technical engagement with applicants, was presented as having significantly improved decision timelines. Typical approval times in London were said to have fallen from around 48 weeks to closer to 12 or 13 weeks, with similar performance now being seen nationally.

The speakers added that the regulator is no longer rigidly applying statutory service levels where additional technical discussion is judged necessary to reach safe and consistent outcomes.

Other changes highlighted included faster invalidation decisions, with incomplete applications now typically flagged within a week, compared with months under the previous system.

The regulator also described the introduction of account managers and technical consistency meetings, aimed at improving communication, reducing uncertainty and resolving complex design conflicts while maintaining regulatory independence.

Remaining Gateway 2 cases and decision limits

During the question and answer session, media attendees asked whether the remaining Gateway 2 cases could still remain unresolved for long periods.

The speakers said there is no fixed cut-off, but that rejections remain possible where agreement cannot be reached on fundamental safety or design principles.

They stressed that these applications are now subject to near-daily technical engagement, with direct dialogue between applicant specialists and regulator specialists, and framed this as an intensive problem-solving process rather than bureaucratic delay.

The regulator said its focus has shifted towards sustaining throughput as application volumes increase, while improving consistency and supporting safe innovation across complex developments.

Remediation: current pressures and a promised plan

Remediation was consistently identified as the next major operational challenge.

The speakers acknowledged that remediation decisions remain slow, with current average timelines described as around 34 weeks. They cited the technical and practical complexity of remediation cases, including changes to proposed systems during assessment, as key contributing factors.

The regulator said it is currently managing a live remediation workload of around 280 cases, with new applications continuing to enter the system alongside legacy cases.

BSR leadership confirmed that a formal remediation improvement plan is expected to be published in the coming weeks, and that this will include clear targets, resourcing detail and operational reforms. They said the plan will be announced by government.

The briefing also confirmed that BSR has already moved away from the local NDT model in remediation, adopting a batched assessment approach under a regulatory lead, with the aim of reducing head-of-work and moving closer to statutory decision timeframes.

Enforcement and the role of regulatory intervention

Media attendees questioned the timeline for establishing the Remediation Enforcement Unit, which was announced around a year ago.

The speakers said the unit took time to become operational due to factors including recruitment, training lead times, duplication checks and skills shortages, but confirmed that it is now live.

They argued that enforcement must be intelligence-led, proportionate and used selectively, describing enforcement as one element within a wider regulatory toolkit that also includes guidance, informal intervention and site engagement.

While acknowledging the importance of visible enforcement action in serious cases, the regulator cautioned against focusing on enforcement numbers alone, saying meaningful cultural change across a large and complex sector depends on sustained engagement and clarity.

They also stated their belief that some dangerous buildings remain in use and said robust intervention would be necessary where risks remain unaddressed.

Gateway 3: managing risk and industry anxiety

Concerns were raised by media attendees about the risk of Gateway 3 becoming a new bottleneck.

In response, the speakers said the regulator is now focused on build phase oversight and inspection planning, aiming to reduce uncertainty ahead of final sign-off.

They outlined plans to use a combination of class two registered building inspectors, fire services and local authorities acting as agents, alongside direct BSR inspection capacity.

The regulator said communication through account managers is central to this approach, allowing earlier engagement with construction programmes and inspection expectations.

Industry bodies, including the Construction Leadership Council and Build UK, were credited with supporting guidance development for Gateway 3, with the regulator saying it intends to expand how guidance is published and explained as a standalone organisation.

Professional competence and emerging technical risks

The briefing also addressed the regulation of professional competence across the built environment.

The speakers said oversight of the building control profession is a core regulatory responsibility, and framed competence regulation as a way of improving accountability, consistency and safety outcomes.

They pointed to ongoing government work to implement the Grenfell Inquiry recommendation on regulating fire engineers, and said similar questions are being explored in relation to other life-critical disciplines, including structural engineering.

Questions about transfer slabs prompted confirmation that the regulator is aware of emerging concerns and is working with government and industry stakeholders. The speakers directed concerned parties to existing guidance and to seek professional advice where warning signs such as cracking are present.

More broadly, BSR described horizon scanning for emerging construction risks as a core regulatory function, alongside managing gateway approvals and overseeing safety in occupied buildings.

Single Construction Regulator: direction of travel

The question and answer session also addressed the future of a Single Construction Regulator.

The speakers reiterated that responsibility for timelines and scope sits with government, but said BSR is actively supporting this work.

They referenced an existing government prospectus setting out indicative timelines and stressed the importance of avoiding unintended consequences as regulatory systems evolve.

One speaker offered a personal view that many historic failures originate in subcontracting and site delivery, suggesting future regulatory reform may need to place greater emphasis on project management and site control functions, alongside design-stage scrutiny.

What comes next

The briefing positioned 2026 as a transition year for the regulator, with Gateway 2 stabilisation described as largely achieved, remediation reform identified as the next priority and Gateway 3 capacity planning already underway.

The publication of the remediation improvement plan in the coming weeks is expected to provide greater clarity on targets, resourcing and enforcement strategy, and will likely form the next major test of the regulator’s operational credibility.

Beyond this, the regulator signalled continued focus on competence development, guidance expansion, horizon scanning and digital communication, alongside its evolving role in shaping the future of construction regulation.

Taken together, the briefing presented a regulator seeking to move from early operational disruption towards a steadier regulatory footing, while openly acknowledging the scale of the challenge still facing building safety reform.

Relevance for fire and safety professionals

The regulator’s reported improvements to Gateway 2 timelines are directly relevant to fire and safety professionals involved in higher-risk building design, fire strategy development and compliance assurance, where programme certainty and early technical engagement remain critical.

The focus on Gateway 3 planning will shape how inspection, verification and final sign-off processes operate, with implications for fire service input, third-party inspection and dutyholder accountability.

The forthcoming remediation plan will be closely watched by fire and safety specialists, given its potential impact on risk reduction in occupied buildings, enforcement thresholds and resourcing priorities.

Finally, ongoing work on professional competence, regulatory guidance and emerging construction risks reinforces the central role of fire and safety expertise in preventing future systemic failures in the built environment.

Building Safety Regulator becomes standalone body in Gateway 2 reform milestone

by ConstructionFeatured NewsHealth and SafetySafety

Gateway 2 framework and transition to standalone status

The Building Safety Regulator officially became a standalone organisation on 27 January 2026, marking a structural shift in the delivery of Gateway 2 building control oversight.

The Building Safety Regulator (BSR), previously part of the Health and Safety Executive (HSE), transitioned to an arm’s-length public body under the Ministry of Housing, Communities and Local Government, paving the way for the creation of a single construction regulator as recommended by the Grenfell Tower Inquiry.

The regulator was established in 2021 following the Grenfell Tower tragedy, with full statutory powers introduced under the Building Safety Act 2022.

The move formalises a broader mandate that extends beyond high-rise buildings to include responsibility for safety standards across all buildings in England.

The transition follows what BSR described as an operational reset in its role as the building control authority for higher-risk buildings, supported by the introduction of its Innovation Unit and new efficiency measures.

These changes were positioned as part of efforts to improve operational delivery, target regulatory guidance and support competence development across the construction sector.

Regulatory mission, leadership and sector response

Lord Roe, Chair of BSR, said: “Today is a decisive and important step in strengthening building safety and a milestone that marks our evolution into a standalone regulator.

“While the creation of BSR in 2021 was a watershed moment, today is about looking forward to a single construction regulator that brings coherence to a once-fragmented system.

“We will know we are successful when residents acknowledge we have made the built environment safer.

“Today is about continuing to support homes being built safely while fulfilling our primary mission: ensuring we are all building better and living safer, together.”

Charlie Pugsley, Acting Chief Executive Officer of BSR, said: “Today is a significant new chapter for BSR, with a clear signal that while we must continue to focus on improving our operational delivery for both new build homes and occupied HRBs, our mandate extends far beyond high-rise oversight to a broader responsibility for safety and standards across buildings in England.

“By driving professional competence and refining regulatory guidance, we can ensure a holistic approach that spans from initial design through to lifelong building management.

“Our commitment to robust enforcement and cultural transformation serves a single, vital purpose in 2026 and beyond – restoring resident confidence and trust in the built environment.”

Samantha Dixon, Building Safety Minister, said: “Everyone deserves to live in a safe home and we are determined to deliver lasting change to make this a reality.

“The Building Safety Regulator sits at the heart of this mission, and today launching a new body is an important step in realising sector wide reform.

“I look forward to working with the new leadership team on our journey towards the Single Construction Regulator.”

Mark Reynolds, Executive Chair of Mace Group and Chair of the Construction Leadership Council, said: “Over the last twelve months we’ve seen a very tangible shift in how BSR has worked with the Construction Leadership Council and developers across the country, and the result has been a more effective process, enabling safer buildings to be commissioned and delivered faster.

“The UK needs confidence that the construction industry, the regulator and government are all working together to deliver new and safe housing at scale – and I believe this moment marks a major step forward on that journey.

“As an independent body and working under the leadership of Charlie and Andy I have no doubt we’ll see more positive progress during 2026.”

The transition formalises BSR’s independence and establishes its governance framework as the regulator works toward the development of a single construction regulator model.

Regulatory role and standalone status

The Health and Safety Executive (HSE) outlined the regulatory framework and operational changes following the transition to standalone status.

The HSE described the Building Safety Regulator as the national regulator responsible for improving the safety and standards of all buildings in England, established in 2021 following the Grenfell Tower tragedy, with full statutory powers introduced under the Building Safety Act 2022.

From 27 January 2026, BSR operates as a stand-alone executive non-departmental public body sponsored by MHCLG, with governance and accountability formalised while day-to-day regulatory activity continues.

The framework includes responsibility for regulating higher-risk residential buildings over 18 metres or seven storeys across design, construction and occupation through a three-stage gateway approval process.

BSR also acts as the building control authority for all higher-risk buildings, including hospitals and care homes, and oversees the performance of local authority and private sector building control bodies.

Charlie Pugsley, Acting Chief Executive Officer of the Building Safety Regulator, said: “This month marks a significant new chapter for BSR as a standalone body, with the knowledge that our new processes are driving improvements – evidenced by the fact we recently made the most decisions in our operating history.

“We are determined to build on this momentum by launching a Remediation Improvement Plan to tackle complex remediation cases and streamline resources.

“We will also be engaging even more closely with applicants to help improve the quality of new build HRB applications.

“By driving these improvements, we can ensure we keep essential construction projects being built, while upholding the critical safety standards that protect residents in both new and existing homes.”

Gateway 2 decisions and application volumes

The Building Safety Regulator published new building control approval data covering November 2025 to January 2026.

The Building Safety Regulator (BSR) recorded 698 Gateway 2 decisions across all application types in the 12 weeks to 24 January 2026.

Live applications across all categories totalled 1,159.

The final quarter of 2025 recorded 673 decisions by 31 December, compared with just over 200 in early 2025.

Across all Gateway 2 categories, 68% of decisions related to London cases, totalling 476 decisions in the capital since November.

In the 12 weeks to 24 January, 97 Gateway 2 new build applications received decisions and 99 new build applications were submitted.

New build applications represented 19,600 residential units.

Decisions were issued for 19,914 units, including 11,962 approvals.

Live cases represented 37,065 residential units.

Legacy, remediation and Innovation Unit performance

The update set out volumes and decision outcomes for legacy applications, remediation cases and the BSR Innovation Unit alongside new build activity.

Since November, 52 decisions were made on outstanding legacy cases inherited under the previous model, with 29 in London.

The approval rate for historic applications viable to receive a decision reached 87%.

The remaining 29 complex legacy cases were under assessment to determine whether continued resources were warranted or whether rejection and resubmission would be required.

Since 3 November 2025, 75 remediation decisions were issued and 73 new remediation cases were received.

Live remediation cases totalled 286, representing 24,949 units.

A batching pilot delivered 12 decisions, with a Remediation Improvement Plan scheduled to launch in the coming weeks to address application quality and streamline internal resources.

In the past 12 weeks, the BSR Innovation Unit (IU) recorded 39 decisions, with 27 in London.

The IU managed 111 live new build applications representing 25,226 units, including 61 in the capital.

Of cases progressing beyond validation, 30% were approved and 41% were rejected.

Initial validation failure rates reached 56%, linked to missing basic design information.

Industry reaction on Gateway 2 evidence and digital records

Rob Norton, UK Director at PlanRadar, said: “The BSR becoming a standalone body corporate is the final nail in the coffin for ‘analogue’ site management.

“For years, the industry has treated documentation as a post-script, something to be tidied up at the end of a project.

“Those days are over.

“An independent regulator, equipped with its own board and a dedicated enforcement mandate, isn’t going to accept a ring-binder full of blurred photos and missing signatures as proof of safety.

“The real challenge for Gateway 2 and 3 isn’t the regulations themselves, it’s the evidence.

“We are currently seeing a massive disconnect between on-site reality and regulatory reporting, which is the single biggest factor behind the Gateway delays currently stalling UK construction.

“If the BSR is to succeed in clearing these backlogs as an independent entity, it requires high-quality, tamper-proof digital data.

“Without a robust ‘Golden Thread,’ developers are essentially playing Russian Roulette with their completion certificates.

“This independence should be a wake-up call.

“The BSR now has the autonomy to set a higher bar for digital competence.

“We can’t expect to build the next generation of high-rise homes using the record-keeping standards of the 1990s.

“It’s time for the industry to stop viewing digital tools as an ‘extra’ and start seeing them as the only way to stay on the right side of an empowered regulator.”

Dr David Crosthwaite, chief economist at BCIS, said: “Data published by the Building Safety Regulator (BSR) in the past few months has spoken for itself.

“While more building control approval decisions are being made thanks to the new Innovation Unit, the speed of decision-making, specifically for remediation applications, must improve.

“Establishing the BSR as an independent organisation is certainly an important step toward unifying and simplifying how construction is regulated.

“It shows the industry is being listened to in the same way the BSR’s process adaptations did last year.

“That said, the BSR cannot afford to take its foot off the gas.

“Its new caseload is growing and construction’s residential market particularly would benefit from a slicker regulatory system sooner rather than later.

“Both private and public sector housing output has slowed and fewer approval holdups would go a long way to speed up project starts and the economic value they can deliver.”

House of Lords Committee cites cladding delays risking 1.5 million homes target

by Breaking NewsConstructionSafety

Delays linked to cladding remediation

A cross-party House of Lords Industry and Regulators Committee has warned the Government that Building Safety Regulator (BSR) approval delays are leaving residents in England waiting longer for dangerous cladding remediation, with higher costs for leaseholders.

The Committee published its report, The Building Safety Regulator: Building a better regulator, on Thursday 11 December 2025.

It said the delays have stretched beyond the regulator’s statutory timelines for building control decisions.

The Committee said it welcomed the increased scrutiny the BSR has brought to the design, construction and management of buildings in the interest of safety.

It also warned that delays could put the Government at risk of missing its target to build 1.5 million homes by 2029.

Findings on guidance and application quality

After hearing from witnesses including campaign groups, developers, housing associations and regulators working closely with the BSR, the Committee said the BSR has not given clear enough guidance on how applicants should demonstrate that buildings are safe.

It said many applications are being rejected or delayed because of basic errors.

It also said applicants are struggling to evidence how they are considering elements of fire safety and structural safety.

The Committee said this reflects poorly on the construction industry.

It also raised concerns that many construction products do not have relevant product standards, leaving them unregulated.

Inspector workforce and scope concerns

The Committee said difficulties in local authority funding and the introduction of regulation have contributed to an ageing workforce of building inspectors who are struggling to meet demand.

It said smaller works, such as bathroom renovations in high-rise buildings, are being subject to the scrutiny of the BSR’s multidisciplinary teams (MDTs).

The Committee linked that to pressure on MDT capacity.

It said a more streamlined approach is needed for smaller works.

Calls for BSR process changes

The Committee called on the BSR to give greater guidance to MDTs on how compliance with the Building Regulations should be evidenced and assessed to improve consistency.

It also called on the Government to remove smaller works from the BSR’s building control approval processes, or introduce a streamlined approval process for them.

The Committee said allocating the same MDTs to similar buildings or projects built by the same organisation could improve efficiency and consistency.

It also called on the Government to provide long-term funding for the training of new building and fire inspectors.

BSR response on processing times

The Building Safety Regulator said: “We recognise that building control applications have been taking too long to process.

“Since the Committee began its hearings in the summer, we have made significant changes to speed up decision making with a focus on new build and cladding remediation applications.

“These include a new Innovation Unit, batching processes, and the introduction of account managers to improve communication with applicants.

“These improvements are helping to increase industry confidence and, in the 12 weeks to 24 November, enabled construction to proceed on over 11,000 new homes.

“We also saw a 73% approval rate for new build decisions during that time, demonstrating that changes introduced are beginning to work.

“Making sure buildings with dangerous cladding are remediated quickly is also a priority and will be the focus of our new Remediation Enforcement Unit which will begin working on cases in the new year.

“The Committee’s recognition that BSR has successfully driven a ‘crucial cultural shift’ toward safer homes is a welcome endorsement of the new regime.

“We remain firmly committed to being a proportionate and enabling regulator that works alongside the construction sector to protect residents and deliver safe buildings in support of the government’s housing targets.”

Committee Chair comments on delays

Baroness Taylor of Bolton, Chair of the Committee, said: “The tragic loss of 72 lives at the Grenfell Tower fire laid bare the urgent need to reform building safety regulation in England, particularly for high-rise buildings.

“We welcome that the Government and the BSR are now acting to try and make practical improvements, but this will not address the anxiety and frustration that residents and companies have experienced.

“It does not improve safety to delay vital remediation and refurbishments, nor to deter the delivery of new housing in high-rise buildings.

“We expect to see further action from the Government and the BSR to ensure that construction projects in high-rise buildings can be brought forward more quickly, without compromising on vital safety improvements.”

What this means for approval teams and dutyholders

Delays linked to BSR approvals can affect fire engineers, building services engineers and design teams that need to evidence fire safety and structural safety decisions within building control submissions.

The Committee’s comments on basic application errors and missing evidence may lead dutyholders, principal designers and principal contractors to tighten internal checks before submissions, especially on how fire safety and structural safety have been considered.

Facilities managers and housing providers overseeing cladding remediation and refurbishment programmes may also see knock-on impacts where approvals sit on MDT caseloads for longer.

The Committee’s recommendations on removing smaller works from the BSR process, or streamlining approvals for them, could change how high-rise maintenance projects are planned and scheduled.

The call for long-term funding to train building and fire inspectors is directly relevant to enforcement capacity and the consistency of building control decisions.

Industry response from fire door manufacturer

Will Hunnam, Managing Director, Forza Doors, said: “The Lords committee is right to highlight delays created by the Building Safety Regulator.

“Excessive processing time is resulting in material project delays, the direct cost impact of these delays is ultimately rendering many projects economical unsustainable.

“Fire safety now has to be designed in from day one.

“When compliance and performance requirements are aligned early, projects move faster and deliver better outcomes.

“Delays disrupt that process and create uncertainty across the supply chain.

“Increased regulation is welcome, but only if it comes with clear guidance, proper resourcing and unwavering standards.

“Fire doors and passive protection are critical to keeping people safe and protecting asset value.

“The industry is ready to deliver.

“It now needs a regulator that can keep pace.”

House of Lords examines Building Safety Regulator delays and housing targets

by ConstructionFeatured News

Lords committee to report on Building Safety Regulator

The House of Lords Industry and Regulators Committee will publish its report on the Building Safety Regulator on Thursday 11 December, setting out findings and recommendations on building safety regulation in England and Wales.

The report follows an inquiry into how the regime created by the Building Safety Act 2022 is operating, with a particular focus on the performance of the Building Safety Regulator.

According to the committee, the report is expected to warn the Government that delays in the regulator’s approval processes are leaving residents waiting longer for remediation of dangerous cladding in unsafe buildings.

The committee also expects to highlight that those delays are increasing costs for leaseholders who are already facing charges linked to fire-safety defects and remedial work.

Peers are further expected to caution that current bottlenecks in approvals could put at risk the Government’s target to deliver 1.5 million new homes by 2029.

The report will sit alongside draft secondary legislation and broader Government activity on building safety, including changes to the structure and role of the regulator.

Draft regulations to establish new Building Safety Regulator body

In parallel with the committee’s inquiry, draft regulations made under the Levelling up and Regeneration Act 2023 set out plans to establish the Building Safety Regulator as a new body corporate, separate from the Health and Safety Executive.

The draft Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026 provide that the new body will come into force on 27 January 2026.

Under the draft regulations, the Building Safety Regulator will have a chair appointed by the Secretary of State, between three and eight other appointed members, and a chief executive selected by the members with the Secretary of State’s approval.

The new organisation will be able to appoint its own staff, pay remuneration and pensions, and receive grants or loans from the Secretary of State, subject to conditions.

It will have power to charge for giving advice, conducting research or providing other services, and may also borrow for short term financial management or from the Secretary of State.

The regulations transfer building safety functions under the Building Safety Act 2022 and the Building Act 1984 from the Health and Safety Executive to the new body, and update a range of primary and secondary legislation to reflect the change.

Transitional provisions state that anything done by or in relation to the Health and Safety Executive in connection with transferred functions will be treated as done by or in relation to the Building Safety Regulator once the transfer takes effect.

The draft regulations also allow the regulator, until the end of 2026, to delegate functions to Health and Safety Executive staff or to staff seconded from government departments.

An explanatory note to the draft instrument states that no regulatory impact assessment has been prepared because no, or no substantial, impact on the private, voluntary or public sector is expected.

Podcast commentary on Building Safety Regulator performance and independence

Episode 51 of The Construction Briefing podcast from Practical Law Construction examined the Building Safety Regulator’s performance and the implications of its move to independence.

In the episode, presenters Michelle Rousell and Yassir Mahmood discuss the collapse of Assent Building Compliance and related firms, which had been involved in tens of thousands of projects and employed dozens of registered building control approvers.

They note that some transitional high risk building projects which had benefitted from earlier provisions will now fall under the Building Safety Regulator’s control, adding to its workload.

Mahmood said: “Because first, it puts more work the way of the BSR, and we know they know they’re already struggling.

“And secondly, it puts more work on the plates of the limited number of registered building control approvers, who are already in short supply.

“So even if we assume that the ones that were working for Assent (and its subsidiaries) will find employment somewhere else, that won’t be immediate so there’ll be a problem there.”

The podcast records wider industry frustration about delays, with Mahmood highlighting a previous description of the regulator as “The regulatory fatberg in the sclerotic property pipeline which needs a good old flush”.

Rousell notes that the Building Safety Regulator is already working through a backlog of gateway 2 applications under the new regime, and that the collapse of major building control providers is unlikely to help that position. I5ad1905eca2111f0a5f6fa0d299e95…

Mahmood added that the Government has laid draft regulations before Parliament to move the Building Safety Regulator out of the Health and Safety Executive and establish it as an independent body corporate from 27 January 2026, with the ability to delegate functions back to Health and Safety Executive staff until the end of that year.

He said: “It does remain to be seen how that transition goes.

“Hopefully that’s enough and with that proviso, the change will go smoothly.

“We’ll have to wait and see.”

Concerns over charges, timing and further change

The Construction Briefing episode also highlights a Government consultation on what the Building Safety Regulator and local authority building control can charge for their building regulations functions. I5ad1905eca2111f0a5f6fa0d299e95…

Mahmood noted that, while he had not yet read the consultation in detail, it is likely to result in higher costs for applicants using the regulator and local authority building control services.

Rousell comments that increased fees could be seen as a way to fund a better resourced building control process, but might be difficult for developers already paying for a service that is perceived as underperforming.

Mahmood said: “I think it’s always difficult in any business to start charging people more when you’re underperforming and you don’t have satisfied customers, even if you do have a kind of captive market like the BSR does.”

He added that the changes could be presented as part of a wider plan to improve the system, with applicants asked to accept higher costs in the short term. 5…

Rousell also raises the question of timing, asking whether the industry needs further structural change at a point when it is still adjusting to the post Grenfell regime and the new high risk building procedures.

Mahmood replied that frequent change creates disruption in itself and that, after early difficulties with the regime, there is uncertainty over whether the next phase will deliver an improved outcome.

Next steps for oversight, remediation and housing delivery

The Lords report on the Building Safety Regulator is due to be published shortly before the draft establishment regulations come into force, providing Parliamentary scrutiny of both performance and structure.

Its findings on delays to approvals for remediation of dangerous cladding are likely to be read alongside the regulator’s own work to clear existing backlogs in high risk building applications.

The report’s comments on the impact of approval delays on the 1.5 million homes by 2029 target will also be of interest to housing developers, local authorities and Government departments overseeing delivery.

The move to an independent Building Safety Regulator body, with powers and duties set out in secondary legislation, will change how building safety functions are organised and governed in England and Wales.

Transitional arrangements, including the ability to delegate to Health and Safety Executive staff until the end of 2026, are designed to maintain continuity while the new body is established.

The combination of structural change, a forthcoming Lords report and ongoing consultations on building control charges means stakeholders will have several related developments to track over the coming year.

Practical implications for building control and safety work

Developers, building owners and leaseholder representatives will be directly affected by any findings that Building Safety Regulator approval delays are slowing cladding remediation or new housing projects.

Fire engineering consultants, architects and building services engineers working on high risk residential buildings will need to plan for the regulator’s current workload and any procedural changes arising from the Lords report and new regulations.

System installers, fire-protection contractors and electrical contractors may see project timetables adjusted if approval processes remain slow during the transition to an independent Building Safety Regulator body.

Local authority building control teams and private registered building control approvers will need to consider how the regulator’s structural change, additional workload and any new charging arrangements will interact with their own capacity.

Government departments and housing delivery agencies will have to align housing targets, remediation schemes and funding programmes with any revised expectations on approval timescales and regulatory resource.

Building Safety Regulator reports rising Gateway 2 approvals across high-rise projects

by ConstructionFeatured NewsSafety

Record Gateway 2 decisions to 24 November

The Building Safety Regulator (BSR) has reported a record 272 Gateway 2 building control decisions to 24 November 2025 for new high-rise residential buildings, with overall determinations now totalling 578 since 31 August.

According to BSR, Gateway 2 determinations have continued to rise across all application types under its pilot operational processes.

The regulator reported an approval rate of 73%, with a large proportion of these decisions made through the recently enhanced approval with requirements route.

BSR stated that 76% of all Gateway 2 decisions to 24 November related to London cases, equating to 206 determinations in the latest update period.

Since 31 August, 409 Gateway 2 decisions have been made for London projects, with 85% of these utilising the approval with requirements pathway.

Historic applications, live cases and unit numbers

BSR confirmed that 40 of 103 historic new build applications submitted under the previous model had been resolved between 31 August and 24 November.

Of these 40 decisions, 20 related to London cases.

The regulator said a minimum of 9 further previous model applications have been assessed as ready to move through the approval with requirements route, subject to final checks and applicant agreement.

The remaining 54 historic applications are a key focus for BSR through to the end of the year.

Face-to-face meetings with regulatory partners are planned during December to finalise the majority of these outstanding cases.

Up to 24 November, BSR reported that new build applications representing 16,313 residential units had been received under Gateway 2.

Over the same period, approvals representing 11,138 units had been issued.

The regulator stated that 36,023 residential units are currently covered within 167 live Gateway 2 cases.

Innovation Unit and batching process in operation

BSR’s latest update highlighted the role of its Innovation Unit (IU) in managing high-rise residential applications.

The IU, described as a dedicated team of registered building inspectors and technical engineers, is currently handling 73 live new build applications representing 17,076 residential units.

According to BSR, the IU is delivering shorter processing times by validating applications rapidly and rejecting incomplete submissions so that applicants can address issues and resubmit.

The regulator reported that the early cohort of IU-managed applications is now being expedited to resolve technical issues, with first approvals from this route expected during December.

BSR is also implementing a batching process, launched in September, which groups applications for assessment by specialised engineering services suppliers.

Mixed-category bundles covering 217 new build and remediation cases have been dispatched under this pilot process.

The organisation said bundles continue to be issued weekly, based on supplier capacity.

BSR is developing a focused plan to apply lessons from these recent processes to remediation cases in the new year.

BSR outlook for Gateway 2 operations

BSR stated that its Operational Team is directly engaging with applicants and regulatory partners while working through individual blockers to keep cases moving.

The regulator linked this approach to the rate at which historic applications are now being closed.

Charlie Pugsley, Chief Executive Officer of the Building Safety Regulator, said: “The immediate, positive results we saw from our pilot operational changes have established a strong foundation for continued success.

“We are on track to continue to clear the majority historic cases by the end of December by engaging with applicants and our regulatory partners, seeing the benefits of our new batching system, and building upon the initial hard work of the Innovation Unit.

“Across BSR there is a confidence that projected milestones remain achievable, but rightly we remain cautiously optimistic.

“We are fully committed to supporting the pace of essential construction while upholding the essential safety standards that keep people safe in new and also existing homes.”

What the latest Gateway 2 data means for built environment projects

The latest Gateway 2 figures from BSR provide new detail on how high-rise residential building control applications are moving through the new regime.

Architects, fire engineering consultants and building services engineers working on high-rise residential projects can see that 73% of Gateway 2 determinations have resulted in approval, often through the approval with requirements route, which sets a clear pattern for how compliant submissions are being handled.

For developers, facility managers and risk assessors, BSR’s focus on resolving the remaining 54 historic applications, supported by face-to-face meetings with regulatory partners in December, indicates how historic cases may be brought into line with current expectations on structure and evidence.

The Innovation Unit’s management of 73 live applications representing 17,076 units, combined with rapid validation and rejection of incomplete submissions, sets practical expectations for the quality and completeness required at submission stage.

System installers and fire-protection contractors engaged in high-rise residential schemes can relate the reported unit and case volumes – including 36,023 units in 167 live cases – to likely sequencing of design, installation and inspection activity under the Gateway 2 process.

The batching of 217 new build and remediation cases for external engineering assessment shows how capacity is being organised around specialist review, which may affect how technical information is prepared and presented in complex projects.

BESA announce progress on streamlining planning process

by Breaking NewsConstruction

The Building Engineering Services Association (BESA) has shared that the new team running the Building Safety Regulator (BSR) has made rapid progress on improving the planning process but have called for renewed focus on remediation projects.

Features of the planning process

Recently appointed BSR chair Andy Roe promised to clear the backlog at planning Gateway 2 for higher risk buildings (HRBs) which had stalled the new build housing market, but without compromising stringent safety standards introduced under the Building Safety Act.

He created a centralised ‘Innovation Unit’ of planning specialists and a ‘batching system’ to focus on the biggest new build projects, covering nearly 34,000 homes, which are now being assessed at pace.

Most of the 150 plus HRB schemes are now expected to clear the system by the end of the year.

Antiquated IT systems and a shortage of experts, particularly in the computational fluid dynamics required to assess complex fire safety designs, have undermined the planning process, but Roe and his team are now addressing these.

He is also appointing a team of ‘account managers’ to work with major developers and address their concerns which led to a dramatic reduction in investment in much needed housing projects this year.

Director of Specialist Knowledge, BESA, Rachel Davidson’s statement

BESA‘s Director of Specialist Knowledge Rachel Davidson shared: “The renewed sense of urgency at the BSR is palpable.

“This is so important because it is crucial that the industry can have confidence in the process.

“Andy Roe and his team have brought in some innovative changes which appear to be bearing fruit already.

“Clearing the backlog of the most significant projects will help the whole sector by getting money flowing back into construction and freeing up resources so more projects can move forward.”

However, she added that slow progress on remediation projects remained a serious concern as addressing life safety issues in existing and occupied buildings should be a priority.

More than 250 remediation applications, covering over 22,000 homes, are still being held at Gateway 2.

A centralised Remediation Unit

To tackle this, the BSR said it was planning to create a new centralised Remediation Unit modelled on the Innovation Unit and would speed up the batching system for existing building projects.

Davidson added: “Clearly, the Regulator has to find a tricky balance between getting projects moving and ensuring safety standards are upheld.

“Also, remediation work is often technically and logistically challenging because of the constraints involved in improving existing buildings.

“It’s a tough one, but too many people are still living in unsafe conditions and this needs to be addressed urgently.”

CEO, Building Safety Regulator, Charlie Pugsley’s statement

Building Safety Regulator CEO Charlie Pugsley said: “The regulator has been learning from the last two years, has listened to industry feedback and acted decisively through these substantial operational changes we are piloting, which have shown immediate, positive results.

“However, we recognise there are ongoing challenges including national skills shortages, and we are committed to using agile problem-solving to work constructively with the wider sector and industry applicants.”

Member Pledge campaign

BESA also launched a Member Pledge campaign during its National Conference earlier this month. This seeks to embed competence and compliance throughout building engineering supply chains.

Several leading members are pioneering the scheme which encourages their supply chain suppliers to join the Association and use its independent technical audit process to provide evidence of their technical and professional competence and compliance with the new safety regime.

Davidson concluded: “Delivering the work approved through Gateway 2 demands a wide range of competent individuals and organisations, each with the capability and accountability to carry out their part of the process effectively.”

“That is why our Member Pledge is designed to reinforce a shared commitment to competence, compliance, and responsibility across the whole supply chain.”

Training launched to support resident directors in building safety roles

by Building ManagementFeatured NewsSafetyTraining

Free digital course available for RTM and RMC directors

The Leasehold Advisory Service (LEASE) has announced a new free training programme aimed at improving building safety understanding among resident directors in England.

According to LEASE, the digital training was developed in collaboration with the Building Safety Regulator (BSR) to help directors of Right to Manage (RTM) and Resident Management Companies (RMCs) meet their legal duties under the Building Safety Act 2022.

The initiative is designed to help non-professionals understand their responsibilities for managing fire and structural risks in residential buildings over 18 metres in height.

LEASE stated that more than 3,500 RTMs, RMCs and Commonhold Associations operate across England, many of which rely on unpaid resident volunteers to manage safety obligations.

The training aims to simplify complex legal requirements, whether duties are undertaken directly or delegated, and equips directors to assess the quality of services they receive.

Legal context under the Building Safety Act 2022

The Building Safety Act 2022 introduced new regulatory duties following the Grenfell Tower fire.

LEASE explained that individuals who manage buildings above 18 metres must now take on formal roles as Accountable Persons (APs) or Principal Accountable Persons (PAPs), even if operational tasks are outsourced.

The advisory body said that volunteer directors must remain legally responsible, regardless of whether external managing agents or third parties are involved.

The training addresses how to remain compliant within these roles and what directors should know when commissioning professional advice or services.

LEASE added that the training builds confidence in making informed decisions that affect safety and compliance.

Course structure and topics

LEASE said the training comprises four 30-minute eLearning modules.

Module 1 covers preparation for the new safety regime, including the Golden Thread requirement.

Module 2 addresses managing building safety risks and preparing the Safety Case Report.

Module 3 focuses on resident engagement, mandatory occurrence reporting, and complaint handling.

Module 4 outlines the Building Assessment Certificate process and regulatory interactions.

The course uses practical examples and plain language to make the regulatory framework easier to understand.

Applicability across the housing sector

LEASE stated that while the course is targeted at RTM and RMC directors, it is also relevant for others involved in managing residential buildings.

This includes freeholders, housing associations, local authorities, and professional building safety managers.

Managing agents and leaseholders are also encouraged to complete the training to better understand obligations and financial charges.

According to LEASE, the course aims to support everyone involved in building management, not just those with formal legal duties.

The organisation emphasised the importance of shared understanding across all stakeholders.

Joint statement from LEASE and the Building Safety Regulator

Ella Norman, Senior Legal Advisor at LEASE, said: “The new Building Safety eLearning programme fills a critical knowledge gap in building safety guidance.

“Many leaseholders that have volunteered, unpaid, to help manage their high-rise residential buildings often have limited formal training yet now carry significantly more legal responsibility.

“This training will ensure that residents involved in managing high-rise residential buildings have access to the knowledge they need to carry out their legal duties confidently and competently.

“In collaboration with the Building Safety Regulator, we created this free online course to empower and protect both residents and resident directors.”

Andy McGrory, Policy Lead for resident matters at the Building Safety Regulator, said: “We are delighted to have worked with LEASE to make this invaluable training openly available to the directors of thousands of high-rise Resident Management Companies.

“Their role is critical in upholding the highest standards of building safety for high-rise residents across England.

“This programme provides RMCs with the information needed to understand their responsibilities, to work towards implementing robust building safety measures, to be intelligent customers where they secure assistance from third-party providers and to ensure residents feel safe and are safe in their own homes.”

Resident directors, leaseholders and housing professionals can access the Building Safety eLearning via the LEASE website.

Building safety training launched for resident directors in England: Summary

LEASE and the Building Safety Regulator have released a free online training course.

The training targets directors of Right to Manage and Resident Management Companies in England.

It addresses legal duties introduced by the Building Safety Act 2022.

The course includes four interactive 30-minute modules.

Topics include risk management, resident engagement, and safety certification.

The course is also relevant for freeholders, housing associations, and managing agents.

The aim is to help directors understand their roles and legal responsibilities.

It uses clear language and real-life examples.

LEASE said over 3,500 such resident-led groups exist across England.

Ella Norman of LEASE said the training fills a gap in formal safety education.

Andy McGrory of BSR said the training supports consistent standards in high-rise buildings.

The Building Safety eLearning course is now publicly available.

AEI Cables says early partnering is key to solving legislation challenges

by Featured NewsHealth and Safety

Early collaboration between project partners is an important first step to achieving smooth project completion under new legislation, says cable supplier AEI Cables.

The new Building Safety Act – introduced in October 2023 – makes new stringent requirements for higher-risk buildings which are those deemed to be of at least 18 metres in height or at least seven storeys containing at least two residential units.

The systems in these buildings powered by electrical cables – including smoke and heat extraction systems – assist fire services in firefighting and a safe evacuation in the case of life safety.

AEI Cables General Manager’s statement

Stuart Dover, General Manager of AEI Cables, said: “We recognise the issues presented by the new legislation for all those working in the built environment but by working closely together early in the process we believe we can overcome a lot of the challenges.

“We are finding that collaboration amongst our partners really works and leads to a much more streamlined, efficient process.”

The Building Safety Regulator’s role

The Building Safety Regulator will oversee the safety and performance of all buildings, as well as having a special focus on high-rise buildings. It will promote competence and organisational capability within the sector including for building control professionals and tradespeople.

Building owners should now have their building safety regime in place and any occupied higher-risk buildings should be registered with the Building Safety Regulator.

AEI Cables discuss importance of early collaboration due to new legislation: Summary

Thanks to the Building Safety Act and their tight new rules regarding higher-risk buildings, AEI have mapped out a plan they believe will combat any legislative issues.

Stuart Dover of AEI stated that by promoting collaboration amongst partnerships, a smoother process is ensured.

Building Safety Regulator reviews progress and plans for 2024

by Building ManagementFeatured NewsSafety

Building Safety Regulator outlines achievements and future plans

The Building Safety Regulator (BSR) has issued an update detailing the significant progress made in enhancing safety standards and regulatory practices for buildings in England throughout 2023.

The report reflects on the regulator’s achievements in its first operational year and previews anticipated developments for 2024.

The BSR was established with a focus on high-rise buildings and has extended its influence across various facets of the building industry, aiming to elevate safety and competence among professionals.

Notably, the BSR initiated a new building safety regime centred around resident safety.

In April, it launched an online service for the registration of high-rise residential buildings, marking a key operational milestone.

Key initiatives and regulatory changes

Over the past year, BSR hosted the inaugural Building Safety Legislation (BSL) conference, attracting over 900 delegates from the building environment sector.

The event facilitated discussions on the newly introduced safety regime and future safety standards.

In addition to these efforts, the regulator rolled out the “Making Buildings Safer” campaign and took charge as the building control authority under the Building Safety Act for higher risk building projects (HRBP).

This role includes assessing HRBP applications, ensuring no building work commences without approval.

By October, registration for high-rise buildings became compulsory, a significant step in the BSR’s enforcement strategy.

Strengthening the regulatory framework

That latest update stated: “Our future plans what we are doing in 2024. Looking ahead to 2020 for a transformative phase awaits the built environment industry.

“Our evidence based guidance updates and insights will support stakeholders in complying with their legal requirements and will also foster a much needed cultural shift.”

In 2024, the BSR aims to introduce updated evidence-based guidance to support compliance with legal requirements, promoting a cultural transformation within the industry.

This includes mandatory registration for building control inspectors and approvers, and the introduction of operational standards enforceable from April.

IFSJ Comment

The Building Safety Regulator’s update on its first year of operations offers an insightful reflection on the strides made towards safer building practices in England.

The commitment to improving safety standards and regulatory mechanisms is evident in the detailed achievements and proactive plans set for the coming years.

As the BSR continues to implement its strategic plan, the focus on education, regulation, and enforcement is crucial for fostering a safer built environment for all residents.