The Building Safety Act

This consultation sought views on proposals to streamline the building control procedural requirements for fibre optic cabling and mobile masts works in an HRB on the basis that the current procedural process for this type of work which requires Gateway 2 approval was disproportionate to the risk involved in undertaking such works.

Improving proportionality and safety outcomes in building control: telecommunications work – GOV.UK

The consultation closed on 24 March 2026.

A key recommendation of the Grenfell Tower inquiry to ensure the regulator’s primary commitment was to put residents at the heart of everything it is involved with.

The BSR benefitted from the regulatory expertise of the HSE when established but it was only ever intended to be a stepping stone to becoming a standalone body. 

BSR becomes standalone body in landmark step towards single construction regulator – GOV.UK

Back in December, the Government announced a raft of proposed changes to the NPPF for consultation.  Amongst the proposed changes is the introduction of a defined term ‘medium sized projects’ (being those of between 10 and 49 dwellings) and their consequent exemption from the Building Safety Levy (payable from 1 October 2026 on schemes which are 10 dwellings or more).

The policy shift is aimed at reducing the risk of smaller residential developers and smaller residential development schemes being shelved and to encourage smaller developers to enter the housing market and grow.

National Planning Policy Framework: proposed reforms and other changes to the planning system – GOV.UK

The outcome of the consultation is expected to be published in Summer 2026, possibly before 16 July 2026 when Parliament’s Summer recess begins.

Regulation 3 of the Building Safety (Leaseholder Protections) (Information etc) (England) Regulations 2022 provide that where a landlord is responsible for undertaking remedial work which cannot be recovered from leaseholders due to the BSA protections, they can, by service of a Regulation 3 notice, seek contributions (calculated with reference to a statutory formula) from any former landlord responsible for the defect, their associates or superior landlords.

The FTT decided that Regulation 3 notices in this case were valid.  Permission to appeal the decision to the Upper Tribunal has been granted. The appeal will determine:

• whether Regulation 3 notices can be served in respect of costs for which the landlord was liable or paid prior to the Regulations coming into force (the retrospective issue); and
• whether Regulation 3 notices can be used where there is more than one reason for irrecoverability of costs from leaseholders (the but for issue).

Given retrospective application is at the heart of Triathlon and Hippersley Point Supreme Court cases, it is likely this appeal will be determined after the Supreme Court opinions have been delivered.

Consultation seeking to update the guidance, revise the rules on combustible materials in external walls and attachments, and introduce a new requirement for evacuation lifts. 

Review of Approved Document B: Fire safety guidance – GOV.UK

The consultation closed on 1 July 2026.

The manner in which the building control regime for HRB work (Gateway 2) has been drafted means that internal (and often minor) works (including those by flat owners to their flats) have been caught within scope of the enhanced regime for works in HRBs. 

The consultation seeks views on whether the definition of Category A work should be amended to exclude works within an individual flat or small-scale work to common parts, thereby reducing the length and complexity of (and potentially the time to deal with) building control applications for such work.

Additionally, the consultation invites views on wider reforms to the Gateway process.

Proportionality in building control: categorisation of higher-risk building work – GOV.UK

The consultation closed on 28 May 2026.

For further detail see From bottleneck to breakthrough – is 2026 the year of the BSA fix? | Cripps.

The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 came into force with the aim of improving fire safety and evacuation procedures for residents who would otherwise have difficulties evacuating by themselves (whether that be due to physical mobility issues, sight or hearing impairment or cognitive impairment).

Owners / managers of buildings are under a new duty to design evacuation procedures which include reasonable and proportionate measures aimed at accommodating such vulnerable residents. The duty is to keep such arrangements (which will need to be provided to the local fire and rescue authority) under review and, where appropriate to consult with such vulnerable residents when designing / reviewing the procedure.

The Building Safety (Wales) Act 2026 received Royal Assent on 27 April 2026. The substantive provisions will be brought into force on a day appointed by the Welsh Government. The Act sets out a building safety regime for the occupation phase of all multi-occupied residential buildings and is similar but not identical to the in-occupation regime set out in the BSA including accountable and principal accountable person obligations and registration requirements for taller buildings. 

For more detail about the new building safety regime in Wales please see The Building Safety (Wales) Act 2026: Same but different? | Cripps.

The King’s Speech confirmed the Government’s commitment to bring forward the Remediation Bill intended to accelerate the removal of unsafe cladding from residential buildings, imposing enforceable obligations and clear deadlines on responsible parties whilst ensuring that those responsible bear the cost of remediation. The Bill also proposes the introduction of a further register for buildings between 11-18 metres requiring remediation. 

Progress is currently delayed pending available time and there is no clear timetable for enactment. 

For more detail, please see The Remediation Bill royally revisited | Cripps

From 1 July 2026 the gateway procedure for planning and building control affecting HRBs will be introduced in Wales.  It is similar to the English procedure but with some key differences.

An important difference is that an HRB is defined as one that is at least 18 metres in height, or at least seven storeys, and contains at least one residential unit (as opposed to two under the BSA regime).

Another important difference is that local authorities and not the BSR is designated as the Building Control authority for such applications in Wales. This could, if successful, pave the way for Local Authorities to adopt similar functions in England in the future.  The flip side to that is if the procedure proves to be slower than the BSR procedure, query whether it will signal a move to the BSR dealing with such matters in Wales as well (and in that case what will that mean to the time taken to deal with such applications?).

The levy is a tax on residential development, payable on specified applications for Building Control approval made on or after 1 October 2026.  The purpose of the levy is to help defray the expenses incurred by the Government in providing funding to projects such as the cladding remediation scheme and the building safety fund.

Applications submitted before 1 October 2026 remain outside of its scope, even if later varied, subject to limited exceptions. Schemes within scope will need to factor the levy into transaction and funding models.

Exempt schemes will include social housing, hospitals, hotels and care homes.  Smaller schemes (sites of fewer than 10 dwellings or purpose building student accommodation blocks with capacity for fewer than 30 beds).  Payment of the levy is a condition of the dwellings being capable of occupation.

The levy is calculated by multiplying the GIA of the chargeable residential floorspace with a levy rate set by each local authority.

As explained above, the impact of the NPPF consultation, the outcome of which is expected in Summer 2026, may well have a significant impact on the levy if “medium sized projects” (being those of between 10 and 49 residential dwelling units) are exempted from the levy.  Any such exemption may be reflected in increased levy rates.

The Court of Appeal is due to hear the Upper Tribunal’s decision in Alamacantar Centre Point Nominee No. 1 Ltd v De Valk & Ors which will provide further clarification on the definitions of cladding, cladding remediation, cladding systems and the meaning of ‘unsafe’ under the BSA.

For background see: Almacantar Centre Point Nominee No. 1 Ltd & Anor v de Valk & Ors 

This is the hearing of conjoined appeals both of which concern the retrospective application of elements of the BSA.  It has potentially wide-ranging ramifications for the interpretation of the BSA beyond the discrete provisions at the heart of the two cases.  

The Supreme Court granted permission to appeal on 6 November 2025. No date has yet been set for the hearing. 

For background see: Hippersley Point and Triathlon Homes: Court of Appeal draws retrospective line in the sand regarding recovery of costs under the BSA | Cripps