The Independence of the Building Safety Regulator: What This Means for Higher-Risk Buildings

Why the Building Safety Regulator’s Independence Matters

From 27 January 2026, the Building Safety Regulator (BSR) will formally separate from the Health and Safety Executive and operate as a standalone regulator. This marks a significant shift in how higher-risk buildings are regulated — and raises the bar for accountability, enforcement, and competence across the construction and building management sectors.

Why the Change Matters

The move follows recommendations from the Grenfell Tower Inquiry for a single, strengthened regulator with clear authority and focus. As an independent body, the BSR will be directly accountable to Parliament and dedicated exclusively to the safety of higher-risk buildings.

This is not a cosmetic reshuffle. It reflects a deliberate shift away from fragmented oversight towards centralised accountability — with the regulator empowered to intervene decisively where standards are not met.

What Counts as a Higher-Risk Building

Under the Building Safety Act, higher-risk buildings are those that are at least 18 metres tall or seven storeys and contain two or more residential units, including flats, care homes, and student accommodation.

These buildings are subject to enhanced controls throughout their lifecycle — from design and construction through to occupation and ongoing management — with the BSR acting as the sole building control authority.

Gateway Control Points: No Approval, No Progress

The Gateway regime remains central to compliance:

• Gateway 1 (Planning): Fire safety considerations must be demonstrated at planning stage.
• Gateway 2 (Pre-construction): Construction cannot begin without BSR approval of the design and safety information.
• Gateway 3 (Occupation): Buildings cannot be occupied without a completion certificate from the BSR.

All live Gateway applications and enforcement cases will transfer to the new regulator structure. Accuracy and continuity of information during this transition are critical.

Key Regulatory Milestones in 2026

Several significant requirements take effect during 2026:

• 6 April 2026: Regulations requiring Residential Evacuation Plans (often known as Personal Emergency Evacuation Plans or PEEPs) for certain buildings will come into force, placing new duties on dutyholders to assess and plan for evacuation needs.
• 30 September 2026: Amendments to Part B of the Building Regulations will require two staircases in new residential buildings over 18 metres and strengthen design provisions related to evacuation, including use of evacuation lifts.

These changes reinforce the need for early, informed design decisions and robust safety planning.

Enforcement, Accountability, and Criminal Liability

As an independent regulator, the BSR holds strengthened enforcement powers. Serious breaches of duty — including failures around Gateway compliance or the Golden Thread of information — can result in criminal prosecution.

This fundamentally changes the risk profile for dutyholders. Non-compliance is no longer just a commercial or reputational issue; it carries legal consequences.

The Golden Thread: No Gaps, No Excuses

The Golden Thread — a complete, accurate, and accessible digital record of safety-critical building information — must be established before work begins and maintained throughout the building’s lifecycle.

When the regulator asks for evidence, gaps are not administrative oversights; they are liabilities. Incomplete or poorly maintained information undermines Gateway approvals and exposes dutyholders to enforcement action.

Competence Must be Embedded Early

Bringing competent fire and building safety professionals into projects at early design stages — often from RIBA Stage 2 — is now essential.

Late intervention increases risk, delays approvals, and weakens compliance. Early competence supports better design decisions, clearer Golden Thread data, and smoother progression through the Gateway process.

What Organisations Should do Now

For anyone working on higher-risk buildings, preparation is no longer optional. Practical steps include:

• Reviewing active and upcoming Gateway submissions;
• Auditing Golden Thread information for completeness and accuracy;
• Ensuring evacuation and stair core requirements are factored into design;
• Engaging competent safety professionals early;
• Testing internal processes against regulator scrutiny.

The direction of travel is clear. Doing the job properly is no longer just the right thing to do—it is the only viable option.

Further information:
Building Safety Regulator: hse.gov.uk/building-safety
Fire Safety (Residential Evacuation Plans): legislation.gov.uk
Approved Document B amendments: gov.uk/government/publications
Golden Thread guidance: gov.uk/guidance/keeping-information-about-a-higher-risk-building-the-golden-thread