Authors: Emma Medina-Wallace, director; Emily Leonard, director; Eleanor Folger, affiliate
Delays with the Constructing Security Regulator
Launched by the Constructing Security Act 2022 (BSA), the Constructing Security Regulator (BSR) is answerable for elevating security requirements for all buildings, regulating the design and building of higher-risk buildings, and serving to professionals enhance their competence in design, building, and constructing management.[1]
The BSR is the Constructing Management Authority for higher-risk buildings in England. As on the time of writing, a higher-risk constructing (for the needs of the design and building stage) is a constructing which is a minimum of 18 metres tall or seven storeys excessive, with two or extra residential items or is a hospital or a care residence.[2]
Mounting delays to Gateway 2
Though long-awaited and extensively supported given the circumstances of the Grenfell tragedy, the rollout of the constructing security reforms has confronted heavy criticism as delays proceed to mount for the reason that higher-risk constructing approval course of was launched. Most of those delays happen at Gateway 2, being the approval stage earlier than building can begin. While there could also be a goal time acknowledged for evaluation of latest higher-risk buildings of 12 weeks (and for present higher-risk buildings of 8 weeks)[3] it’s well-known and reported that there have been vital delays by the BSR in processing Gateway 2 functions. As well as, a major quantity of functions have been rejected resulting from lacking key data,[4] suggesting that extra must be finished to make sure that the necessities are clear to candidates. Since Gateway 2 clearance is required earlier than building of high-rise residential buildings can start, this bottleneck has stalled the progress of quite a few housing initiatives. Given the UK Authorities’s current pledge to construct 1.5 million properties by 2029, these delays come at a vital juncture.
Reform to deal with bottlenecks and speed up supply
There’s some hope on the horizon, as reforms launched by the federal government, elevated transparency, and new Gateway 2 steering all purpose to streamline the BSR and speed up housebuilding.
The federal government’s reforms, launched on 30 June 2025, embrace:
- The introduction of a fast-track course of to facilitate the supply of 1.5 million protected, high-quality properties. It will convey constructing inspector and engineer capability immediately into the BSR to boost the processing and assessment of present newbuild instances and remediation choices.
- Management and structural modifications, marking early steps in direction of establishing a single building regulator. This consists of the appointment of Andy Roe KFSM as a non-executive chair of a brand new board of the Ministry of Housing, Communities and Native Authorities to tackle the features of the BSR from the Well being and Security Govt sooner or later.
- Elevated funding, together with the recruitment of over 100 new employees members.
Full particulars of the reforms could be discovered right here: Reforms to Constructing Security Regulator to speed up housebuilding – GOV.UK.
These reforms comply with an inquiry launched by the Home of Lords Business and Regulators Committee (the Committee) ‘to search out out if the BSR has the talents and sources required to make sure the security of all buildings and its residents within the means of approving functions for high-rise buildings.’ To collate this data, stakeholders within the business are being inspired to submit written contributions to the Committee’s inquiry by 31 August 2025 which could be submitted right here: Name for Proof – Committees – UK Parliament.
The BSR is now additionally publishing Gateway 2 transparency knowledge in England on a quarterly foundation to indicate the variety of functions acquired, determination outcomes, efficiency towards statutory closing dates and dedication instances. Business stakeholders hope that this can enhance accountability and permit them to raised handle price range and timelines. The primary report was printed on 9 July 2025 and could be discovered right here: Building_Safety_Regulator_building_control_approval_application_data_October_2023_to_March_2025.xlsx
New steering on Gateway 2 can also be set to be launched to assist the development business navigate the Gateway 2 course of. This was introduced by Mark Reynolds, co-chair of the Development Management Council, throughout a Parliamentary committee listening to on 8 July 2025 by which Mr Reynolds additionally acknowledged the BSR goals to scale back Gateway 2 approval instances to five weeks.[5]
On the reforms usually, Alex Norris, minister for constructing security, has commented:[6]
“The institution of the Constructing Security Regulator has been basic to centralising security within the building course of and it’s time to take the following steps to construct on that precedent and create a system that works for the sector while protecting residents and their security on the coronary heart of the method.
That’s why we’re asserting a package deal of reforms to the BSR… to boost operations, cut back delays, and unlock the properties this nation desperately wants – delivering on our Plan for Change.”
In response to the proposed reforms, Emily Leonard, director of Freeths’ building and engineering group, says:
“These are constructive phrases for a lot of concerned within the building business who’ve voiced issues concerning the BSR’s function and effectiveness. Builders and funders, specifically, will wish to see tangible enhancements – and promptly. The discharge of the primary complete set of knowledge is a constructive step in direction of understanding why functions are being rejected and the creation of some new focussed items is promising, however their implementation is pending. Mark Reynolds has stated that the brand new fast-track course of stays a good distance off. Given the present circumstances, time is of the essence.”
Emma Medina-Wallace, director of Freeths’ housebuilding and strategic land group, says:
“This announcement might be welcome information to housing builders and social housing suppliers with initiatives which can be being delayed at Gateway 2 – something that may be finished to make the method quicker and clearer, whereas sustaining security requirements, might be welcome to be able to ship extra properties within the UK. It’s promising to see the present recruitment drive for technical experience, and they should ship on this to clear the present backlog. I’d additionally urge all housing builders to contemplate making submissions to the Name for Proof by 31 August in order that their views could be heard.”
(For a normal replace on the federal government’s progress on the Grenfell Tower Inquiry’s Part 1 and Part 2 suggestions, click on right here: Grenfell Tower Inquiry Authorities Progress Report – GOV.UK)
[1] Constructing Security Regulator – Constructing security – HSE
[2] Part 120D of the Constructing Act 1984 as inserted by part 31 of the BSA
[3] Constructing management approval for higher-risk buildings – GOV.UK
[4] UK Gateway 2 approvals stall as utility rejections attain 75%
[5] Parliamentlive.television – Business and Regulators Committee
[6] Reforms to Constructing Security Regulator to speed up housebuilding – GOV.UK
