A year of transition for the Building Safety Regulator

The Building Safety Regulator (BSR) continues to move from establishing the regulatory framework under the Building Safety Act 2022 to actively exercising its supervisory role. However, from the perspective of those operating within the construction and property sectors, the past year has been characterised as much by uncertainty and procedural delay as by regulatory progress.

Expansion of Building Assessment Certificates

The BSR is continuing to call in buildings for Building Assessment Certificate (BAC) reviews, prioritising those with higher risk profiles. Current categories include:

1. buildings over 30 metres with at least 11 residential units;
2. buildings 18 to 29.99 metres with more than 378 residential units;
3. buildings with combustible ACM cladding; and
4. large panel system (LPS) blocks constructed between 1957 and 1973, particularly where structural reinforcement remains uncertain.

Where a building is called in, the Principal Accountable Person (PAP) must apply for a BAC and submit supporting information, including the building’s safety case report.

In theory, the regime is intended to provide a structured process through which the BSR can assess whether building safety risks are being effectively managed. In practice, however, many building owners and managing agents are still grappling with what the regulator expects to see in a safety case, particularly in relation to the level of technical detail and supporting evidence required.

The BSR has begun inviting PAPs into the assessment cycle at increasing pace. While this is a necessary step if the regulator is to meet its statutory objectives, it also places considerable pressure on building owners who are still attempting to assemble historic information, often for buildings constructed decades ago.

The BSR has indicated that these call-ins will continue to increase as it works toward the objective of reassessing higher-risk buildings on a five-year cycle. Given the number of buildings in scope nationally, this ambition is likely to present a significant operational challenge for both the regulator and dutyholders alike.

Structural reform of the BSR

Alongside operational activity, the Government has confirmed a significant structural change.

In January 2026, it was announced that the BSR will be separated from the Health and Safety Executive and established as an independent body within the Ministry of Housing, Communities and Local Government (MHCLG).

All existing powers, staff, and live cases will transfer to the new body. The BSR will continue to exercise its enforcement powers, including issuing compliance notices, pursuing prosecutions, and charging fees for regulatory services. As an independent regulator, it will also publish annual reports and operate under Freedom of Information obligations.

While the Government has presented this change as a means of improving transparency and focus, it also reflects wider concerns within the industry about the BSR’s current capacity and operational effectiveness. Separating the BSR from the Health and Safety Executive may provide greater visibility, but it will not, in itself, resolve the practical issues currently affecting Gateway approvals and regulatory response times.

The stated aim is to create a single, more visible construction regulator with clearer oversight of building safety. Whether this structural change delivers meaningful improvements will ultimately depend on resourcing, technical capability, and the BSR’s ability to provide clearer guidance to those subject to the regime.

Looking ahead

These developments indicate that the building safety regime is entering a more active phase which can hopefully address the issues it has experienced to date. It demonstrates that the regulatory environment remains one of transition rather than stability.

The expansion of the BAC regime, combined with the institutional reform of the BSR itself, means that the next 12 months are likely to determine whether the BSR can move from a system still finding its footing to one capable of delivering consistent, predictable regulation across the sector.

If you have any questions about the Building Safety Regulator or the Building Safety Act, please contact Construction lawyer Neave Maguire.