UPDATE: In addition following this announcement, on 30 June the government announced a package of reforms in relation to the Building Safety Regulator. This includes new leadership and a new organisational structure. A 'Fast Track Process' is also proposed to 'enhance the review of newbuild applications, unblock delays and boost sector confidence'. The press release notes a 'new arm's length body to MHCLG is being established with the intention for this to take on the functions of the BSR from the Health and Safety Executive (HSE) in due course'. This appears to address some of the issues which are the subject of the inquiry below.
Following its introduction in October 2023, the Building Safety Regulator (BSR) is responsible for overseeing the safety and performance of all buildings in England. The BSR regulates, and act as the Building Control authority for “higher-risk” buildings (for this purpose being buildings in England (i) which are 7 storeys/18m in height or more and either (ii) contain two or more residential units or (ii) are hospitals or care homes).
Regulations created as a result of the Building Safety Act 2022 introduced new building control processes for works relating to new and existing “higher-risk” buildings, for which BSR now provides the building control function. These regulations also create hard stop “gateways” that must be passed by way of approval from the BSR before certain work can proceed, before major changes to works can be made, and (in some cases) before the building can be occupied upon completion of the work. Significant delays have been reported in relation to the BSR’s dealing with such “Gateways” applications.
According to figures provided through a Freedom of Information request submitted by cost consultant and project manager Cast and reported in the industry press, in the period since the gateways were introduced in October 2023, just 20 “gateway 2” building control applications out of 187 submitted, had been given approval – meaning the percentage of those getting the green light by the BSR is 10.7%.
Further information obtained under this FOI request has shown that of the gateway 2 applications submitted, the status of circa 149 is still unknown.
As a consequence of this information, and delays which are being experienced in particular in relation to the determination of gateway 2 applications - these are currently averaging between 16 and 18 weeks (in contrast to the 12 week period provided for in the regulations) (although this is often significantly more) - the development industry has requested a review of the procedures.
On 18 June 2025, the House of Lords Industry and Regulators Committee, chaired by Baroness Taylor of Bolton announced it was launching ‘an inquiry into building safety regulation, with a particular focus on the work of the Building Safety Regulator’.
The call for evidence notes that ‘[c]oncerns have been raised by some in the housing sector that delays in approvals by the BSR have slowed down the delivery of new buildings and homes’. The call for evidence sets out 14 questions focussed on the work and approach of the BSR. The Committee is seeking evidence from ‘building industry specialists, housing associations, architects, resident groups, safety experts, local authorities and other relevant stakeholders’.
Interested individuals and organisations are invited to submit written evidence by 31 August 2025. There will be public evidence sessions between June and September. The committee is aiming to report in the Autumn.
