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

Gareth Bacon Excerpts

Wednesday 10th December 2025 General Committees

[Gareth Bacon (Orpington) (Con)]

It is a pleasure to serve under your chairmanship, Ms Vaz, for, I believe, the first time. I welcome the opportunity to sit opposite the Minister again, and I appreciate her remarks.

His Majesty’s Opposition views the Government’s decision to transfer the oversight of the functions and institutional workings of the Building Safety Regulator from the Health and Safety Executive to the Ministry of Housing, Communities and Local Government to be a sensible one, and we will support it today. However, if the move is to be successful and effect real change in how the Building Safety Regulator operates in the housing market, it must ensure that the shift in oversight brings improvements in delivering remediation, standards of safety and the best outcomes for local communities.

As I said in a Westminster Hall debate a month and a half ago, which the Minister will remember, the Building Safety Regulator was set up with the best of intentions in the aftermath of the tragic loss of 72 lives in the Grenfell Tower disaster in 2017. I believe there was collective agreement on that point. The original intention behind the creation of the Building Safety Regulator was for it to play a key role in regulating high-risk buildings, to raise the safety of all buildings, and to help professionals working in the sector, thereby fulfilling the Government’s duty to provide safe, high-quality and decent homes for the public to live in. None of those are contentious objectives.

Along with other Members in that debate, however, I made the self-evident point that the Building Safety Regulator is not functioning as intended. In far too many circumstances it is preventing rather than aiding the building of those safe and decent homes. It has become a constraint on building—an all-too-large part of the increasingly muddled puzzle of red tape that now actively prevents Britain from building.

According to the Construction Plant-hire Association, severe delays to a key safety approval process have stalled more than 150 high-rise residential construction projects across the UK. The CPA has stated that that has been caused by the bottleneck stemming from the gateway 2 regulatory checkpoint introduced under the Building Safety Act 2022. That is because the gateway 2 regulatory checkpoint currently requires developers to gain sign-off from the Building Safety Regulator before construction can begin on high-rise schemes. The CPA states that that is “paralysing projects”.

The non-executive chairman of the Building Safety Regulator shadow board, Andy Roe—a man I know very well from my London City Hall days—appears to agree with the CPA. Earlier this year, he said that the gateway regime had

“very real challenges and issues at gateway 2”

and involved a process that was

“designed in good faith that does not work”.

I recognise and welcome the Government’s announcement in June this year that they are working to reform the process and to solve the issues, but that alone will not be enough. It will certainly not make up for the severe shortfalls in their ambitious yet increasingly impossible-looking target for 1.5 million new homes by the end of the Parliament. That is because, beyond gateway 2, around 70% of the applications that get through the Building Safety Regulator’s processes are rejected, compared with the roughly 10% to 15% of applications that get rejected in the wider British planning system. Schemes are now often delayed for 38 weeks longer than the two-week target time for approval, with 60% of adversely affected schemes in London, the city with the highest need and the greatest demand.

With the lowest number of additional homes for nearly a decade, the Government have left themselves on track to fall well short of their target. Blockages resulting from the Building Safety Regulator are one part of the problem, but not the only one. As the Building Safety Regulator moves from the Health and Safety Executive to the Ministry of Housing, Communities and Local Government, the Government have an opportunity to make genuine reforms to the operation of the Building Safety Regulator. It is very important that that opportunity is seized.

As I suggested in the previous debate, improved dialogue with applicants, more guidance on the applications process, machine-readable submissions as standard and an electronic file management system will all go a long way to creating a Building Safety Regulator that works faster and more efficiently, but without any compromises on standards, equality and safety.

Thank you, Ms Vaz, for the opportunity to make these points to the Minister. I sincerely hope that she will be able to take them on board and use this opportunity to effect real change, unlock the housing market, and transform the Building Safety Regulator into the trusted, pro-growth and pro-development body that it has always been intended to be and that I am sure we all want to see.