Changes to the Building Safety Regime

Build UK continues to engage with the Building Safety Regulator (BSR) to help provide greater clarity and consistency around regulatory requirements. The Government has also outlined a series of measures intended to make the regime more effective and proportionate, particularly for Higher-Risk Buildings (HRBs), while maintaining the required standards of safety.

Most relevant to NFRC Members working on larger projects and high rise residential buildings, are the following updates:

Further measures have been announced to accelerate the remediation of buildings affected by unsafe cladding. New applications to the Cladding Safety Scheme (CSS) will be prioritised according to the level of risk to life, rather than being assessed primarily on the height of the building. In addition, a new targeted fund for the remediation of multi-occupied buildings under 11 metres in England is due to open on Monday 17 August.

Homes England is also expected to launch a National Remediation Database in the autumn. The database is intended to provide a single, consolidated view of remediation activity across the country, helping to improve visibility of progress and support more effective coordination of remediation programmes. 

Work within existing HRBs – The Government is considering changes to the categorisation of certain works carried out within existing Higher-Risk Buildings. Most work within individual flats, along with some smaller-scale works in communal areas, could be removed from Category A and placed within Category B. The proposed change would reduce the level of documentation required for these types of applications. 

Emergency repairs – A consultation has also been launched on proposed changes to the emergency repairs provisions. The proposals would broaden the definition of “emergency works” and introduce a new route allowing certain critical works to proceed without obtaining prior approval from the BSR. The deadline for responses is Thursday 3 September.

Other news from the regulatory space includes:

• Building Assessment Certificates (BACs) – The BSR is revising its approach to Building Assessment Certificates, with new applications only being called in where this is considered necessary until the revised arrangements are established. The regulator is also considering whether to introduce a fast-track route for reassessing applications that have previously been refused.
• Telecommunications work – From 1 September 2026, the Ministry of Housing, Communities and Local Government (MHCLG) intends to remove Building Control Approval procedural requirements for the installation of fibre optic cabling in all buildings. Changes are also proposed for work involving mobile communications masts on the rooftops of HRBs, with the Gateway Two procedural requirements to be removed. However, Gateway Three requirements will continue to apply.

Finally, the Government has published its response to the Single Construction Regulator Prospectus, confirming its intention to establish a single regulator covering buildings, construction products and built environment professions. Legislation will be introduced when Parliamentary time allows, with implementation expected to begin from 2028. The BSR will provide the foundation for the new regulatory structure as the Government moves towards a more unified approach to oversight across the built environment.