Draft Building Safety (Responsible Actors Scheme and Prohibitions) (Amendment) Regulations 2026

Samantha Dixon Excerpts

Monday 13th April 2026 General Committees

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Samantha Dixon)]

I beg to move,

That the Committee has considered the draft Building Safety (Responsible Actors Scheme and Prohibitions) (Amendment) Regulations 2026.

It is a pleasure to serve under your chairmanship, Sir Edward. I am pleased to speak about this statutory instrument, which as Members will see contains a set of technical amendments to the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023. The instrument is designed to ensure that the regulations work exactly as intended, with clear, workable rules for regulators and building control professionals, and effective protections for third parties.

By way of context, the responsible actors scheme exists to make sure that eligible developers take responsibility for remediating life-critical fire safety defects in residential buildings over 11 metres that they developed or refurbished in the 30 years to 4 April 2022. Forty-five developers have joined the responsible actors scheme. Together, they are responsible for remediating more than 2,500 buildings, at an estimated cost of around £4.1 billion. The scheme is backed by planning and building control prohibitions, which would be applied to eligible developers that decide not to join the scheme or have their membership revoked for non-compliance, as well as to entities they control. The amendments in the instrument are concerned with how those prohibitions and their exceptions would operate in practice if a developer is prohibited in the future.

Since the scheme was launched in 2023, technical drafting issues and ambiguities have been identified. The purpose of the instrument is to address those issues, so that protections for residents and purchasers of property work as intended if prohibitions are needed.

First, the instrument will remove an ambiguity in the 2023 regulations. If a developer were to be prohibited, that developer should not be able to make building control applications, but the original regulations did not spell that out explicitly in the list of prohibited matters. The amendments resolve that by making clear that building control applications are included wherever the prohibitions apply. The amendments also update terminology, so that the process of issuing completion and partial completion certificates matches the way that building control now operates, preventing confusion for local authorities and private registered building control approvers.

Secondly, the instrument will ensure that the emergency repairs exception works properly. Under the exception, emergency safety repairs are allowed to go ahead if a developer is prohibited. For taller buildings, there is a route to get such work formally signed off afterwards, but an omission in the 2023 regulations means that that route does not currently exist for buildings below 18 metres in height. The amendments correct this, creating a route so that, should such a situation arise, urgent safety work can be properly checked and signed off for all buildings.

[Justin Madders (Ellesmere Port and Bromborough) (Lab)]

It is a pleasure to see you in the Chair, Sir Edward, and to see my hon. Friend the Minister in her place. I want to understand a bit more about the operation of the prohibitions list. I note from the Department’s webpage that there are no suppliers or providers on that list. Is that because no one has fallen foul of the regulations, or because they were so inadequately drafted in the first place that it was not possible to put people on the list?

[Samantha Dixon]

My hon. Friend tempts me to get into a debate about the efficacy of the original—

[The Chair]

Order. Don’t be too tempted.

[Samantha Dixon]

I will simply say that although no prohibition has been effected, that is not to say that the Government would not do so in the future—I give my hon. Friend that assurance.

[Steve Barclay (North East Cambridgeshire) (Con)]

The Government’s own documentation contradicts what the Minister has just said. Sections 9.1 to 9.4 of the explanatory memorandum to the Government’s SI present the draft regulations as not requiring an impact assessment, and say that these are purely minor technical changes that will have no impact on business, charities or voluntary bodies. However, when we look on the Government’s own website, it is interesting that there seem to be no firms on the prohibitions list. The Minister will be familiar with the Comer Group, for example, which was subject to a very significant fine of £7.8 million in Greenwich for what Greenwich council described as a “mutant development”, in the home constituency of the Minister for Housing and Planning. Has the Comer Group signed up to the scheme? If not, why is it not on the prohibitions list?

[Samantha Dixon]

The right hon. Gentleman raises a specific issue; I do not know the details of that particular development in that particular constituency, but I will write to him with the details of that particular business.

[Steve Barclay]

I am grateful that the Minister will write to me, but I simply point out to the House that this development was so notable that the Housing Minister raised it in opposition—he tabled parliamentary questions on this issue and flagged it in advance of the election. Two years on, it seems odd that Ministers do not know what has happened with it.

In reference to the question asked by the hon. Member for Ellesmere Port and Bromborough, can the Minister name a single firm on the prohibitions list? If she cannot do so, given the fact that before the election the Government said they wanted to move quicker on this issue, why have they not done so?

--- Later in debate ---

[Samantha Dixon]

There are no firms on the prohibitions list. However, as I stated, the Government are prepared to use the sanctions available, should they be required in the future. I will fulfil my commitment to write to the right hon. Gentleman with the full details in due course, if he will permit me to do so.

Thirdly, the draft regulations strengthen the exception that allows normal maintenance to continue in occupied residential buildings. This exception is there to ensure that routine upkeep can carry on, and that residents are not put at risk if their freeholder or responsible entity has been prohibited. At present, there are technical issues with how the relevant building control processes are set out. The amendments clarify the procedural routes available to building control professionals, and they ensure that where the exception applies, those responsible can use either the local authority building control route or the private building control route effectively.

Fourthly, the draft regulations strengthen protections for homebuyers where a sale is already well advanced when a prohibition takes effect. As things stand, only the prohibited developer can apply for the exception needed to complete the transaction, which leaves purchasers reliant on a party that may not prioritise the application. That risks buyers being negatively affected by the prohibitions through no fault of their own. The amendments fix that issue by allowing the buyer to apply, giving homebuyers greater control and reducing the risk of avoidable delay.

Finally, the draft regulations resolve drafting issues raised by the Joint Committee on Statutory Instruments. Some wording in the regulations created double negatives that could be read as limiting eligibility for the scheme to social housing providers, which was never the intention. The amendments remove that ambiguity. The draft regulations also remove a redundant notification requirement for developers, which served no practical purpose because planners would already rely on the official published list of prohibited developers. Taking it out simplifies the framework without affecting the planning prohibition.

In summary, these are technical but important improvements. They ensure that, if the prohibitions were ever applied, the prohibitions and exceptions would operate clearly and consistently, protect residents and homebuyers from unintended impacts and give building control bodies the necessary clarity to use the prohibitions and exceptions effectively. These amendments will make the system clearer and more robust. The intent of the scheme remains the same: to make sure that developers that built unsafe buildings take responsibility for making them safe, and, in doing so, protect leaseholders from unfair costs. I commend the draft regulations to the Committee.

--- Later in debate ---

[Samantha Dixon]

I thank my hon. Friends, particularly my hon. Friend the Member for Ellesmere Port and Bromborough, for their constructive and important points today. I can reassure Members that there is considerable work going on in this area.

The right hon. Member for North East Cambridgeshire has misunderstood; I will be generous. The purpose of the regulations when they were initially introduced was to encourage all eligible developers to sign up to the scheme. They did so, which is why none are on the prohibited list. I hope that clarifies for him why there is nothing on the prohibited list. The developers work with the Department. Indeed, last month the Secretary of State and I met developers, the Building Safety Regulator and freeholders to discuss the developer remediation contract. We hold developers to account for their remediation progress, including with a dedicated caseworker team, and we scrutinise detailed quarterly data returns. To reassure the right hon. Gentleman, a full impact assessment was published alongside the original regulations. The regulations in front of us today tidy up what were, to be charitable, quickly drawn-up regulations that need to be amended so that they work effectively and appropriately.

I thank the hon. Member for Orpington and the hon. Member for Taunton and Wellington for their remarks. The Government plan to bring forward a remediation Bill when parliamentary time allows. More details will come forward at that point.

In closing, the regulations make important technical amendments to the 2023 regulations. They remove drafting ambiguities, clarify how the prohibitions operate in practice, and make sure key exceptions, whether for emergency repairs, routine maintenance or home purchases, work as they were intended to, to protect residents and leaseholders. The amendments do not change the requirements on developers to remediate.

Question put and agreed to.