Building safety has been front and centre for the last few years and with significant developments expected, we are likely to see that trend continue into 2026 and beyond. With a number of updates published by the Building Safety Regulator (BSR) and the Government in December and January, we consider the key developments to look out for in 2026.

Published: 29 January 2026
Author: Amber Wright

Will delays at the BSR be alleviated?

Delays encountered at the Building Safety Regulator (BSR) have caused considerable disruption. At the end of 2025, steps were being taken by the BSR to address these delays, initially focussed on applications for new higher-risk buildings. In the Government’s latest progress report on the Grenfell Tower Inquiry: Phase 2 recommendations it recognised  that some of the comprehensive procedural requirements of the gateway regime are “leading to protracted delays in carrying out essential works and other safety-critical work, which may risk compromising the safety and well-being of residents and building users in higher-risk buildings”.

The latest figures published by the BSR show an upward trend with Gateway 2 decisions continuing to rise. However, the BSR recognises that for remediation work in existing buildings, although the quality of applications needs to improve, so does the BSR’s processes and resources. They intend to bring forward a BSR Remediation Improvement Plan “in the coming weeks” to set out their plans for improvements.

The Government has also said it will consult this year on proposals “to improve the proportionality of the building control process for certain types of building work to existing buildings within the higher-risk building regime”. In January, the government launched a consultation to consider regulatory dispensations in the higher-risk building (HRB) building control regime for telecommunications work. The consultation states that the building control regime operated by the BSR “has resulted in some unintended consequences, notably the legal requirements applicants must adhere to including obtaining BSR approval for routine yet essential types of building work in existing higher-risk buildings”.  Specifically, the consultation considers proposals to dispense with the procedural requirements of building regulations for existing HRB work related to the drilling of holes through internal fire-resisting walls for fibre optic cabling and work related to the installation and repair of mobile communications masts. Essentially, this would result in a reduction in workload for the BSR, freeing up capacity to deal with its caseload. For drilling of holes through internal fire-resisting walls for fibre optic cabling, the government is considering extending this to existing non higher-risk buildings. This would mean work would be able to be carried out without needing to make any applications to a building control authority.

While the BSR is committed to tackling delays, both in relation to processing applications for work to new and existing HRBs, it is still too soon to evaluate the effectiveness of measures it has already put into place. With future changes expected, 2026 will be a key year for the organisation, including with the BSR set to move out of the Health and Safety Executive (HSE).

BSR on the move in 2026

One of the recommendations of the Grenfell Inquiry was for the creation of a single construction regulator. The Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026 came into force on 27 January 2026, moving the BSR out of its home within the HSE, and represent the first step to the creation of a single construction regulator.  The proposal to create a new regulator signals a major reform for the industry and in December 2025, the government launched a prospectus and consultation on the creation of a single regulator for construction. The government has stated these proposals “intend to reduce fragmentation in how the sector is regulated and drive culture change in the industry” and will look to consolidate the regulation of the construction industry that is currently held by several bodies. ​The consultation is open until 20 March 2026 with the government response due in Summer 2026.  The single regulator will be responsible for the regulation of buildings, professionals and construction products. Construction products have seen slow progress in terms of reform, but the Government has promised a Construction Products Reform White Paper before spring 2026 setting out its plans. In addition, one of the Grenfell Inquiry’s recommendations was to introduce a licencing scheme for principal contractors undertaking work on higher-risk buildings. The prospectus states that the Government is currently exploring how this can be introduced and this will sit alongside a broader review of the operation of the dutyholder regime with a report due in Autumn 2026.

Further exemptions to the Building Safety Levy?

The government is pressing ahead with the implementation of a new tax on residential development.  The Building Safety Levy (England) Regulations 2025 were made on 19 November 2025 and will come into force on 1 October 2026. Under the regulations, sites of fewer than 10 dwellings or 30 bedspaces in purpose-built student accommodation (PBSA) are exempt from paying the levy. This is discussed in our recent article: Countdown to the new building safety levy.

In December, the government launched a consultation on reforms to the National Planning Policy Framework and other changes to the planning system revealing that the government is considering uplifting the Building Safety Levy small development exemption threshold to fewer than 50 dwellings (fewer than 120 bedspaces in PBSA). This is to align with a new proposed medium development category of 10-49 homes (inclusive) on sites with an area of up to 2.5 hectares. The government is also asking for feedback on whether the exemption should remain based solely on dwellings/ bedspaces or include other factors such as site area. There is concern that the implementation of the levy may have an adverse impact on housebuilding and so this represents an important opportunity for the industry to provide feedback. The consultation closes on 10 March 2026.

No change to the definition of higher-risk buildings (for now)

One of the recommendation of the Grenfell Inquiry was that the definition of higher-risk building should be ‘urgently’ reviewed. The BSR has recently published the results of its review into the definition of higher-risk building and has recommended no changes to the definition at this time. However, the definition of a HRB will be subject to an ongoing review (at least once a year) “to keep the safety and standards of all buildings under review”. Interestingly, the MHCLG stated in the review that they “are aware of some concerns with the current policy of splitting buildings into independent sections post-construction, for the purposes of the regime, and will continue to engage stakeholders to explore these concerns further”. For existing buildings, an independent section is regarded as a separate building for assessing whether it is a HRB. Therefore, work to an independent section may not require building control approval from the BSR provided the independent section does not meet the height and use requirements to be a HRB.

Building control reform?

An independent panel has been considering the building control regime and whether it is appropriate for those carrying out the function to have a commercial interest. The Building Control Independent Panel is due to report to MHCLG this year to set out preliminary recommendations for the government on future changes to the overall system of building control. That report together with the government’s response is due to be published in early 2026. At the end of December 2025, the Welsh Government announced it was undertaking a review of building control delivery models in Wales. This will also be focussed on whether “the mixed market approach remains appropriate and effective in keeping buildings safe”.

In addition, the BSR has been tasked with reviewing the Approved Documents, which provide guidance to the Building Regulations, in particular, how these may be best structured to provide accurate guidance to demonstrate compliance with the Building Regulations. The panel appointed to review the guidance is due to provide a full list of recommendations in 2026. One of the roles of the BSR is to keep Approved Document B under continuous review. In 2026, the BSR is expected to publish a consultation on further changes to Approved Document B.

In September 2026, the Approved Documents will provide for new residential buildings over 18m to have a second staircase.

Building safety in Wales

At the end of last year, the Welsh government made two sets of regulations to implement a dutyholder and higher-risk building regime in Wales. The Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 (WSI 2025/1321) come into force on 1 July 2026 and implement a new building control regime for HRBs in Wales. This is similar to the gateway regime operating in England. Projects that are already underway before the new regime begins that fall within the transitional arrangements set out in the Regulations will not be subject to the new requirements. The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025 implement a dutyholder regime in Wales and largely mirror the dutyholder regime in England, however, in Wales there is an additional role of Domestic Client. Like the regulations in England, the Welsh regulations seek to ensure those involved in design and building work are competent and accountable. The Welsh regulations contain transitional arrangements so that work commenced or approved before the 1 July 2026 will not be subject to the new regulations.

Residential Personal Emergency Evacuation Plans (RPEEPs)

From April 2026, The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 mandate RPEEPs in all high-rise residential buildings and certain medium-rise buildings alongside a requirement for building level evacuation plans. Responsible Persons now have around two months to prepare for the changes introduced by the Regulations including a) identifying if the Regulations apply to buildings for which they are responsible (see our articleProtecting the vulnerable: Fire safety redefined- Buildings caught by the Regulations), b) identifying vulnerable residents who may require assistance leaving the building in the event of a fire and c) prepare person-centred fire risk assessments and emergency evacuation statements for such residents. This is discussed further in our recent update: Lessons from Grenfell: Fire safety regulations for vulnerable residents.

2026 & beyond

Building safety regulation will continue to evolve in 2026 and beyond. Whilst the industry continues to respond and adapt to the changes that have already been made, further developments are on the horizon, with ongoing reviews, consultations and the implementation of further regulations.