Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026

Monday 15th December 2025 Grand Committee

Considered in Grand Committee

17:17

Moved by

[Baroness Taylor of Stevenage]

That the Grand Committee do consider the Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026.

Relevant document: 44th Report from the Secondary Legislation Scrutiny Committee

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, I want to take this opportunity to congratulate Andy Roe, who has been leading the work to improve the performance of the building safety regulator and whose peerage was announced on 11 December.

The establishment of the building safety regulator was the most significant reform of the building safety regime in decades. The building safety regulator has removed significant risk from the system and placed residents at the heart of housebuilding. The regulator is an important and non-negotiable part of our built environment, particularly as we deliver 1.5 million homes and accelerate the remediation of unsafe buildings.

The BSR was first established within the Health and Safety Executive. The HSE provided invaluable leadership and experience during the establishment and early operations of the BSR. It is now time for a new phase for the BSR. In June, my department announced reforms to the regulator, including investing in strengthened and dedicated leadership for the BSR; operational improvements, including the creation of a new innovation unit to improve the processing of gateway applications; and bolstered, long-term investment in the capability of the BSR and its capacity to work with industry. Alongside this, we announced the intention to move the BSR out of the Health and Safety Executive, establishing it as an arm’s-length body of the Ministry of Housing, Communities and Local Government. That is the specific purpose of these draft regulations.

These regulations set up a new arm’s-length body sponsored by MHCLG that will exercise the functions of the building safety regulator, as established under the Building Safety Act. The regulations transfer the functions of the building safety regulator from the Health and Safety Executive to this new body. The provisions of these regulations will come into force on 27 January 2026.

The regulations enable the smooth transfer of powers so that the BSR has the legal basis to continue to perform its functions without interruption. They include transitional provisions to cover the period where staff and services will move over in stages from the HSE to the BSR. The regulations provide that the BSR will maintain its operational independence, with its own powers, strategic plan and programme of work, as outlined in the Building Safety Act. This move does not change the functions of the regulator or the ministerial powers and responsibilities set out in the Building Safety Act.

This change will support the building safety regulator for the coming years, strengthening accountability and providing a singular focus and dedicated leadership for building safety regulation. Importantly, this is also the first step towards establishing a single construction regulator, a key recommendation of phase 2 of the Grenfell Tower Inquiry. The new body for the building safety regulator will form the basis of the single construction regulator. The regulations will make sure that the building safety regulator continues to deliver its statutory functions under the Building Safety Act, while leading it into a new era. This will provide the foundation for a stronger, more accountable system that prioritises safety while supporting innovation across the built environment.

I hope that noble Lords will join me in supporting the draft regulations, which I commend to the Committee.

[Lord Young of Cookham (Con)]

My Lords, I join the Minister in congratulating Andrew Roe on his peerage. The experience that he will bring to your Lordships’ House from London Fire Brigade and the building safety regulator will be enormously welcome.

This instrument was debated in another place last week, on 10 December, and it completed its consideration in 12 minutes. On 11 December, the Industry and Regulators Committee produced its report, headed Building a Better Regulator. Within that report is a chapter on exactly the subject that we are debating this afternoon—namely, the single construction regulator—and it gives the background to the decision to which the Minister referred: the need to have a single construction regulator. It goes on to say that witnesses were broadly supportive of the proposal for the single regulator, with several suggesting that the current system was “fragmented”.

However—and this is the point that I want to make in this very short intervention—there were notes of caution. The Chartered Institute of Architectural Technologists argued that

“it is more important that these functions be delivered effectively, than that they be delivered by a single body”.

The institute suggested that the priority should be addressing current regulatory challenges rather than merging functions. Philip White questioned whether this was the right time to establish it and, as with the BSR’s move from HSE to a body within MHCLG, he argued that the organisational change would lead to “disruption”, while suggesting that the regulator would do its best to

“keep business going as usual”.

The Select Committee listened to that argument and to the argument for going straight ahead, and concluded, in paragraph 106:

“We support the Government’s broad proposal to establish a single construction regulator. However, we heard concerns that organisational changes could distract from the immediate imperative of improving operational performance. The implementation of this further organisational change should wait until the BSR is delivering its building control decisions within statutory timeframes”.


As we know, that is not what it is doing, so the question that I want the Minister to answer is: why is she going ahead, it seems, in defiance of a very clear recommendation from a Select Committee? I appreciate that it reported last week, after the instrument had been laid, but none the less it is a clear recommendation that we should not go ahead in January. I wonder how the Minister would respond to that clear recommendation from a unanimous report by one of your Lordships’ Select Committees.

[Lord Elliott of Ballinamallard (UUP)]

My Lords, I will make a very short intervention. I was quite interested to hear from the noble Lord, Lord Young, about what the Select Committee said about this. Some noble Lords will be aware that I have taken an interest in this matter because of some communications I have received over the last few months in relation to delays in getting the building safety regulator’s approval, which have caused huge difficulties for the construction industry, the housing industry and individuals who want to move into a new property or premises.

In principle, I have no issue with a single construction regulator—on the basis that it will be an improvement. I am not yet convinced that it will be an improvement, because we have not seen that with our current system. I would like to see much better progress with the system we have before we move it to an arm’s-length body, because you sometimes lose a level of control with an arm’s-length body. I listened to the Minister indicate that there will still be a control mechanism. I am keen to hear what that control process will be because, if it is to be a more accountable system, it must be more accountable to both this House and the other place. Otherwise, we will not get the improvements that we are looking for and desire.

I am broadly supportive of having a single construction regulator, but we are not getting the process properly implemented as it is, so I am keen to know how it will be improved under the new process.

[Lord Jamieson (Con)]

I am sorry, but I am going to take slightly longer on this SI, because this is a really important issue. We have a housing crisis and a safety crisis in the UK, and we need to get both of them right.

The purpose of this SI is clear enough. Basically, it follows on from work that we did in the previous Government on establishing the BSR, which was established under the Building Safety Act 2022. That was brought forward by the Conservatives and it was the right thing to do. None of us wants to see again the horror of Grenfell, where 72 people lost their lives. The inquiry rightly set out that systematic changes were needed after the decades-long failure that allowed such a tragedy to occur. It is vital that any regulatory system created in the wake of Grenfell is rigorous, trusted and functional.

In principle, strengthening the clarity of responsibility is welcome and in line with the legislation brought forward by the previous Conservative Government. However, in practice, the regime that the SI seeks to underpin is already under severe strain. It is not working as intended. Developers, local authorities and construction professionals are encountering severe and sustained delays. According to the Construction Plant-hire Association, more than 150 high-rise residential schemes are stalled at the gateway 2 approval stage, with delays stretching not to two weeks but up to 40 weeks. London alone accounts for more than 60% of the affected schemes and these delays cascade down through the supply chain, leaving cranes, machinery and personnel—hired at enormous cost—idle while developers wait for decisions that should have been completed months earlier. Just as importantly, the risk of taking on new projects means that people are not doing them. This is about not only the idle projects out there but the projects that have not started.

The Government have promised 1.5 million homes in this Parliament, yet the evidence is overwhelming that they will fall dramatically short, with barely a third of the homes that should be completed actually to be completed and delivered. Experts across the board, from the OBR to Savills, the Home Builders Federation and Professor Paul Cheshire, agree that there is little to no chance of the Government hitting their target.

We now have the lowest number of additional homes in nearly a decade. The HBF states that housebuilding is flatlining at around 200,000 homes a year—far below the 300,000 required to get even close to the Government’s requirement. In London, the picture is dire: housing starts under the current mayor have collapsed, and the number of private homes under construction is projected to fall to just 15,000 by 2027.

17:30

We are seeing the results of this in homelessness statistics, with the latest figures from Shelter showing that 382,000 people are homeless—including 175,000 children—of whom more than half are in London. This does not count the hidden homeless: those who are sofa surfing or living in overcrowded accommodation. We have a housing crisis. This system is not delivering for the British people; it is mired in delay, overburdened by administrative friction and failing to support the national priority of new homes.

I turn to the excellent report mentioned by the noble Lord, Lord Young: The Building Safety Regulator: Building a Better Regulator. I will try not to repeat all of the comments made, nor add too many to them, but I note that Philip White, the chief inspector of buildings at the building safety regulator, told the committee that creating a new body would create “disruption”. I congratulate Andy Roe on his peerage; he also said that the move “comes with risk”. I would appreciate it if the Minister could assure noble Lords that undue disruption will be avoided and that decision-making will continue to be sped up.

The report raised a concern about the building control independent panel if the Government decide either to move to a national authority for building control functions or to remove the ability of private building control approvers to provide approval. They must set out publicly how they intend to ensure sufficient supply of registered building inspectors to perform these functions. Many witnesses were positive about the impact of the BSR regulations on the building control profession but expressed a desire for greater communication and feedback as a result of the legislation. How will the Government ensure that there is clear communication from the BSR to spread good practice and consistency?

The report noted that the uncertainty faced by applicants to the BSR is deepened by their receiving contradictory advice and decisions from different multidisciplinary teams, stymieing their ability to learn from previous experience. How will the Government ensure that the BSR ensures that MDTs are working within a coherent and consistent framework? What are the Government’s views of the report’s recommendation that the BSR should consider how it could improve the efficiency of its allocation of MDTs—in particular, by allocating the same MDTs to similar buildings or projects built by the same organisation, which could improve efficiency?

The report also noted that the BSR faces capacity issues, partly because it is reliant on seconded staff. Recruiting greater in-house capacity will help but, given the small pool of qualified professionals, concentrating this scarce resource into the BSR could inadvertently worsen progress towards the Government’s new homes target by limiting the number of staff working on low-rise and mid-rise buildings. How will the Government address this issue?

There is also the issue of capacity in the industry generally, with the need for building inspectors, structural engineers, fire engineers and fire inspectors. Should the Government’s priority for skills funding in their forthcoming skills action plan, as recommended in the report, be to provide long-term funding for the training of new building inspectors, fire inspectors, fire engineers and structural engineers, at least to replace those who are anticipated to retire in the near future?

The Minister suggested that this SI may help. How? The regulatory bottlenecks are clear and the consequences severe, yet the reforms before us offer no reassurance that the delays crippling development will be alleviated. The Government announced a new fast-track process and leadership changes to the BSR earlier this year, but none of that is reflected or clarified in the SI before us. I ask the Minister directly: how will transferring functions to a newly constituted BSR resolve the systemic delays that are already paralysing gateway 2 approvals? What concrete assurances can she give this Committee that projects will no longer face 20, 30 or 40-week delays under the new arrangements?

We on these Benches recognise the need for strong statutory regulation, but we also recognise the need for a system that works, enables rather than obstructs, supports building rather than suppresses it, and allows the country to construct the homes, commercial spaces and infrastructure that our economy so desperately needs. The last Government made major strides with the Fire Safety Act 2021, the Building Safety Act 2022, the Social Housing (Regulation) Act 2023, cladding remediation funding, the responsible actors scheme and billions committed to making buildings safe, yet without a functional regulator these gains risk being eroded.

The SI must be judged against that reality, and doing so shows that it is still unclear that the Government have grasped the full scale of the problem. We will not oppose these regulations, but nor can we pretend that they resolve the crisis in front of us. The country needs homes, growth and a regulatory system that is safe, swift and effective. I hope that the Minister will address the concerns I have raised and, more importantly, that the SI marks not the end but the beginning of the serious reform that the system so urgently needs.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank all noble Lords who have participated in this short but interesting debate. Of course, a number of judgments always have to be made about the right time to take action. The noble Lord, Lord Jamieson, is quite right to say that this builds on the work of the last Government. We all want the same thing here: we want the homes that people live in to be safe and for people to feel confident that the buildings they live in are safe.

I will pick up some of the points made. All three noble Lords who spoke raised similar points. I will start with the question of whether the transition to the new BSR governance arrangements will disrupt operations, because it is important. The noble Lord, Lord Jamieson, mentioned that undue disruption should be avoided, and I completely agree with that. The new team at the BSR is fully committed to this change and preparing for it. Maintaining a strong focus on operational delivery is its real priority. The plans to move the BSR into a new body within MHCLG are designed to have the minimal impact on current operations. Improvements in the BSR’s performance have been under way since August. Significant numbers of applications have been cleared, and new operating models are delivering dramatically reduced processing times. I think we are all very pleased to see that. It is right for the residents who are on the end of this, but it is also right for the industry, which has been waiting for this progress.

The noble Lords, Lord Elliott and Lord Young, both asked why we are going ahead with this now. It is very important that we make this commitment now to move at pace on implementing the recommendations of the Grenfell inquiry. We are taking early steps to prepare for regulatory reform by supporting the BSR to move into this new phase of its operations. The move to a new body accountable to MHCLG will deliver a dedicated focus for building safety and strengthen accountability to Ministers and Parliament, which is important. It also marks an important milestone towards our commitment to a single construction regulator. I do not think there is any disagreement in the industry that that is where we need to get to.

We are grateful for the very thorough report from the Industry and Regulators Committee on the building safety regulator. We are carefully reviewing it. As the noble Lord, Lord Young, said, it came out only on 11 December, so we need a bit more time to consider it. We will carefully review it and provide a full response to the committee early next year in line with the required timelines. I know there are notes of caution in the report about effectiveness, rather than a single body, but I know that the whole team is dedicated to achieving this without an interruption in performance, and with the performance improvements we have already seen. That will start the process towards a single regulator, which is important, but it is also important that it does not distract from operational performance.

I will give a brief outline of some of the performance improvements that have happened. Between 1 September and 24 November this year, a record 40 new-build applications were processed from the previous model case load, with the majority approved, allowing construction to begin on 10,000 homes. Cases received in recent months are being handled by the new innovation unit, which has dramatically reduced decision times by 20 or more weeks, compared with the previous peak of 38 weeks for approved new-build decisions. That is a dramatic improvement. Across all application types, overall performance also continues to improve, with a record 578 cases closed since August. Of course, we will continue to monitor this very closely.

Cases received in recent months are being handled by the new innovation unit, and that removes the reliance that the BSR had had on dispersed expertise. The innovation unit has dramatically reduced those processing times: as I said, by 20 weeks or more. Quality applications are essential to ensure that projects can progress. This is another area where there is a lot of dialogue between the BSR and the industry, and it has run webinars and sessions with developers to help them to understand what is needed by the BSR. That is a mutual dialogue. The BSR is continuing to support industry leaders; it is publishing guidance for applicants. But, of course, as we would all want it to say, it does not want to compromise on safety but wants there to be an understanding of what the expectations are.

We hope that moving the BSR to its own body will improve operations: the noble Lord, Lord Jamieson, referred to this. It will create clearer lines of accountability and allow the operational flexibility that comes from the BSR being its own specific organisation. I hope that will build on the record progress we have already seen since the changes made in June.

The noble Lord, Lord Jamieson, referred to the shortage of specialist fire and building inspectors, and some of the other specialisms that are required. We recognise the overall pressures on the building control system and on fire engineering capacity, which is why we have established the independent building control panel and the fire engineering advisory panel to look at the underlying issues and report back in the new year, so that we can fix the system as a whole.

We will work with the independent panel, the BSR and the wider building control sector to establish a shared, long-term, financially sustainable vision for building control services, so that they are able to provide assurance, inspection and enforcement activities that support housebuilding, cladding remediation, decent homes, net zero and social infrastructure ambitions. We have provided £16.5 million to support the recruitment of registered building inspectors to backfill those supporting the BSR and continue to look at options to grow the overall sector.

The BSR has also enabled certain class 2-registered building inspectors to take on some of the less complex, higher-risk building work, freeing up class 3-registered building inspectors to focus on new builds and remediation. A total of 125 cladding workers will be upskilled through the launch of the Construction Industry Training Board’s rainscreen facade installer training. I thank the Construction Industry Training Board for playing a strong hand in supporting work on this. Each year by the end of this Parliament, 100,000 construction workers will be recruited and will be overseen by the Construction Skills Mission Board. Across the board, maintaining the performance is key to this. Starting to move towards a single regulator is the right move to make now. We need to keep an eye on the performance and make sure that it is maintained.

In conclusion, the Government are committed to ensuring the safety of all residents. The building safety regulator has overseen a fundamental change in the built environment, and ensures safety is at the heart of housing. These regulations will enable the smooth transfer of the regulator from the Health and Safety Executive to its own body. I hope the Committee will welcome these regulations.

Motion agreed.

Committee adjourned at 5.44 pm.