The newly liberated Building Safety Regulator must show it can help get safe homes built – and fast

As of 27 January, the Building Safety Regulator (BSR) officially became an arm’s-length body. Up to now, the regulator has had a very mixed record, and many across the industry recognised the need to change the current set-up in the Health and Safety Executive.

On the positive side, it has established principles behind the post-Grenfell safety regime – higher standards and clearer accountability achieved through a robust gateways regime for higher-risk buildings. However, the way the system has operated to date has left many questioning whether the BSR is fundamentally able to guide safe homes through the system at the pace the country needs.

The shift to independent status, alongside new leadership in the form of Charlie Pugsley as chief executive and Andy Roe as chair, signals that the Labour government recognises the scale of the challenge. There has been a concerted campaign to show that the leadership is listening – and that industry should be reassured that change is happening. The opportunity now is to turn this rhetoric into practical reform and to rebuild confidence in a system that has become synonymous with delay and uncertainty.

This will not be an overnight fix – but there are achievable steps the regulator can take to accelerate approvals while maintaining the principles of the building safety regime.

The pressure points

The greatest area of frustration remains gateways two and three. Schemes still sit – particularly at gateway two – for months as applicants navigate repeated requests for information and inconsistent decision-making.

For private developers and registered providers (RPs) this is not simply an administrative frustration. The continued delays increase costs, undermine viability and critically slow the delivery of both new homes and essential remediation works.

In some cases – particularly high-rise schemes – the uncertainty has caused many developers to pause projects, reduce height and therefore units, or withdraw schemes before they even go to planning. Ultimately, investors need to have confidence in the development timeline and be able to anticipate seeing a return.

Newly released data for Q3 2025 shows housing starts remain 57% below their previous peak in Q2 2023, highlighting the task at hand for the regulator to encourage new developments to come forward.

The regulator’s re-set to set up the BSR independently should create the conditions for a more pragmatic, risk-based approach to consents. While this shift has the potential to speed up decision-making, the sector is still waiting for clearer guidance.

In recent months, the focus has been on progressing developments through gateway two – and rightly so. However, the next challenge is getting ahead on gateway three. The regulator needs to be clear in its guidance to avoid schemes piling up again at the next stage.

Where targeted reform could help

There are several areas where greater clarity and a proportional approach would make an immediate difference by clarifying requirements and streamlining capacity at the BSR.

One is the scrutiny of works in individual dwellings and/or repair works. Under the current system, relatively minor internal changes can trigger extensive regulatory scrutiny, even when there is no material impact on overall building safety.

There are exemptions, but it is surprisingly hard, particularly for landlords, to fall within the exempt categories. Setting new limits on what does, and what does not, require approval would reduce unnecessary delays and free up inspectors to focus on new-build proposals and urgent remediation cases.

A consultation “to refine the application of the regime for high volume, low complexity work” is promised. Later in the spring, ministers say there will be further consultations on “minor building work within homes and on existing fire doors”.

Another shift that could significantly speed up approvals is permanently splitting out remediation cases and new-build developments. The relatively new innovation unit is a step in the right direction.

Originally set up to clear the backlog of legacy cases, the unit is now working on the most technical new-build developments coming forward, batching applications to send them to specialists for review. This approach should be replicated across the regulator by having multidisciplinary teams work on remediation, and others work on new-build, as specialisms to build knowledge and accelerate approvals.

Staged approvals of applications will also assist in freeing up construction. The House of Lords report on the BSR makes this a key recommendation and urges the regulator to consider this as one of its top priorities to make a difference on approvals.

Shared ambition

The regulator and the construction industry ultimately want the same end result – safe homes delivered efficiently. After a great deal of frustration and dissolution with the current regime, there is genuine support for this re-set to mark a new chapter in the life of the BSR. If it is successful, developers and RPs will be confident in bringing forward new schemes, helping to unlock stalled projects and accelerate delivery.

There is a long way to go to build the confidence needed to get new homes through the gateways and spades in the ground. The next few months will prove crucial in determining whether this moment becomes a genuine re-set or another missed opportunity to honour the principles of the Building Safety Act.

Charis Beverton is a partner in Winckworth Sherwood’s construction team