Building Safety Regulator to Move from HSE

Building Safety Regulator to Move from HSE Following Criticism

Introduction

In a significant shake-up of the UK’s building safety framework, the Ministry of Housing, Communities and Local Government (MHCLG) has announced that the Building Safety Regulator (BSR) will move from the Health and Safety Executive (HSE) to a new structure within the MHCLG. This move follows ongoing criticism about the BSR’s performance and delays in project approvals, particularly at Gateway 2.

The shift is being presented as part of a broader package of reforms aimed at increasing efficiency and restoring confidence in the regulatory system following the Grenfell Tower tragedy.

Why Is the BSR Moving Away from HSE?

Since its formation in 2022, the BSR has faced scrutiny over its handling of higher-risk building applications. The House of Lords Industry and Regulators Committee recently launched an inquiry into the regulator’s performance, citing delays and operational inefficiencies. These include long processing times for Gateway 2 submissions and the slow rollout of Building Assessment Certificates (BACs).

A Freedom of Information request revealed that in June 2024, just four of 62 Gateway 2 applications were resolved within the required 12-week timeframe. Furthermore, over 70% of the 1,001 total applications submitted were either deemed invalid, under review, or rejected, raising serious questions about the system’s capacity.

Government’s Response: Reform Package Highlights

To address these challenges, the government has unveiled a multi-faceted plan:

• Transfer of the BSR from the HSE to a new body under MHCLG

• Launch of a Fast Track Process to speed up new build and remediation approvals

• Recruitment of over 100 additional staff to ease the backlog

• Overhaul of senior leadership, including:

  • Andy Roe, former London Fire Brigade Commissioner, appointed as non-executive chair

  • Charlie Pugsley named as the new CEO

• A new consultation on removing red tape and reducing invalid submissions

According to Alex Norris, Minister for Building Safety, the reforms aim to streamline approvals and accelerate housing development while preserving high safety standards.

Delays and Industry Frustration

Industry professionals have expressed growing concern over the backlog. Tetra Consulting reports that BAC costs could range from £10,000 to £20,000 per application, placing significant financial strain on duty holders. To date, only 12 BACs have been issued from over 1,300 applications.

Dr Shaun Lundy, Vice President of IOSH and member of The Property Institute Board, stressed the need to rebuild trust:

“There is now an opportunity to reset and rebuild confidence in the system by focusing on competence, strengthening capability, and fostering collaboration with professional bodies.”

Criticism of the HSE’s Role

Some experts believe that housing the BSR within the HSE—an organisation primarily focused on workplace safety—may have contributed to regulatory confusion. The Association of Construction and Quality Professionals (ACQP) previously called for the BSR to be relocated, arguing that it was at risk of replicating the very failures it was designed to address.

Gerry Sharpe, CEO of ACQP, stated:

“The BSR was meant to reset the culture of construction safety in the UK. But housing it within the HSE has led to weak enforcement and limited engagement with the sector.”

What This Means for the Construction Sector

These changes mark a pivotal moment for UK construction. With high expectations placed on the new BSR leadership and process improvements, the sector is hopeful for a more effective, transparent, and responsive regulatory system. Importantly, the changes could help unblock projects, reduce risk, and ensure that the lessons from Grenfell lead to lasting reform.

Call for Evidence

The House of Lords inquiry remains open for submissions until 31 August 2025. Industry stakeholders are encouraged to provide feedback on how the BSR should operate in future.

Conclusion

While the transition of the BSR away from the HSE presents challenges, it also offers a much-needed opportunity to overhaul a system many believe has fallen short. The move could pave the way for a stronger, more efficient building safety regime, one better aligned with the needs of modern construction and the safety of residents.

Frequently Asked Questions

Q1: What is the Building Safety Regulator (BSR)?
The BSR oversees safety and performance for high-risk buildings in the UK, including during design, construction, occupation, and remediation.

Q2: Why is the BSR leaving the HSE?
The move follows criticism about delays, inefficiencies, and lack of sector engagement under HSE control.

Q3: What is Gateway 2 and why is it important?
Gateway 2 is the pre-construction approval stage for higher-risk buildings under the Building Safety Act. Delays here can stall entire projects.

Q4: Who is leading the new regulator?
Andy Roe (Chair) and Charlie Pugsley (CEO) will lead the new BSR structure under the MHCLG.

Q5: How can industry professionals get involved?
The House of Lords inquiry is accepting evidence until 31 August 2025. Professionals are urged to contribute insights to help shape the regulator’s future.