Today marks the official ‘birthday’ of the new, independent Building Safety Regulator (“BSR”).

Under the Building Safety Act 2022, the BSR initially operated as a division of the Health and Safety Executive (“HSE”). However, in May 2023 the Government concluded that to future proof the BSR and protect the integrity of both its work and that of the HSE, it was essential that the BSR become a standalone body.

With the Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026 coming into force today, the BSR is now officially an independent, non-departmental public body, sponsored by the Ministry of Housing, Communities and Local Government. 

The BSR’s core responsibility remains unchanged: overseeing the safety and compliance of higher-risk buildings (“HRBs”) including assessing building control applications for all HRBs.

Delays in the BSR’s processing of building control approvals – in particular ‘Gateway 2’ applications - are well known. While improvements have been seen since the appointment in June 2025 of Lord Andy Roe as BSR Chair, these have generally related to new build developments, and a significant backlog persists, especially in relation to applications for remediation projects funded through the Building Safety Fund and the Cladding Safety Scheme, and works being undertaken by original developers. 

As the BSR enters its first year as a fully independent regulator, the industry will be watching closely. There is hope that the new structure will enable the BSR to address these operational challenges and deliver the level of building safety oversight that both the sector and the public expect.

Edwin Coe is currently assisting numerous clients with their building safety and cladding remediation projects. Should you have questions about the BSR, the Cladding Safety Scheme, or any building safety matters, please contact Brenna Baye or any other member of our Building Safety and Cladding Remediation Team.