A new inquiry has been launched by the House of Lords Industry and Regulators Committee chaired by Baroness Taylor of Bolton regarding concerns raised by some in the construction and housing sectors that delays in Building Safety Regulator (BSR) approvals, particularly at the gateway 2 stage, have slowed down the delivery of new buildings and homes.
Background
The Independent Review of Building Regulations and Fire Safety’s final report, published in 2018 following the Grenfell Tower fire, recommended the establishment of a new regulator with responsibility for the whole of a building’s safety.
The BSR was introduced in October 2023 to be responsible for overseeing the safety and performance of all buildings in England. The BSR regulates, and acts as the Building Control authority for “higher-risk” buildings, i.e. those defined in the Building Safety Act 2022 (“BSA”) as 7 storeys/18m in height or more and either contain two or more residential units or are hospitals or care homes. For buildings not deemed to be higher-risk, the BSR is responsible for regulating the building control bodies and inspectors that are responsible for approving construction.
The building control function for works relating to such higher-risk buildings is undertaken by the BSR. These regulations also create hard stop “gateways” that must be passed by way of approval from the BSR before certain work can proceed, before major changes to works can be made, and (in some cases) before the building can be occupied upon completion of the work.
Concerns raised by some in the construction and housing sectors that delays in BSR approvals, particularly at the gateway 2 stage, have slowed down the delivery of new buildings and homes have resulted in the launch of a new inquiry.
The findings from a recent Freedom of Information request (accessible here) has reported that in the period since the gateways were introduced in October 2023, The BSR has approved only 20 out of 187 (10.7%) of the submitted “gateway 2” building control applications.
The Inquiry
The House of Lords Industry and Regulators Committee chaired by Baroness Taylor of Bolton has launched an inquiry into building safety regulation (“the Inquiry”) with a call for evidence which aims to understand the causes of these delays, their impact on construction and housing delivery, and potential solutions to streamline the process while maintaining high safety standards. The call for evidence closes on 31 August 2025.
The Committee, which is chaired by Baroness Taylor of Bolton, has stated that the Inquiry will have a particular focus on the work of the BSR, which was established under the BSA.
Baroness Taylor has stated the following in respect of purpose of the Inquiry:
“The safety of residents in higher-risk buildings was at the heart of the Building Safety Regulator being set up in 2022.
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The Committee wants to hear from all stakeholders to find out if the BSR has the skills and resources required to ensure the safety of all buildings and its residents in the process of approving applications for high-rise buildings.
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This is crucial if the government is going to achieve its manifesto target of building 1.5 million homes over the next Parliament.”
With the government’s mission to build 1.5 million new homes in the current Parliament reliant on speed of delivery, the regular concerns raised by some of the housing sector regarding delays in approvals by the BSR, have prompted the new inquiry.
Interested individuals and organisations are invited to submit written evidence by 31 August 2025. Public evidence sessions will also occur between June and September 2025. The committee is aiming to report in the Autumn.
Matthew Davies is a member of our Building Safety Group.
If you have a query concerning how you may be affected by the Building Safety Act, then please contact our expert Building Safety Group by email to: buildingsafety@bishopandsewell.co.uk
If you wish to resolve a dispute concerning fire safety or structural defects then please contact our Litigation & Dispute Resolution Team by contacting litigation@bishopandsewell.co.ukor call 020 7631 4141 and ask to speak to a member of the team.
The above is accurate as at 04 July 2024. The information above may be subject to change. The content of this note should not be considered legal advice and each matter should be considered on a case-by-case basis.
