The Building Safety Regulator — A New Regulatory Reality

The Building Safety Regulator (BSR), established by the Building Safety Act 2022 and operating within the Health and Safety Executive (HSE), is the new regulatory body responsible for overseeing the safety of higher-risk buildings in England. For building owners, developers and managing agents of residential buildings over 18 metres or 7 storeys, the BSR is now a central figure in the regulatory landscape — with powers that extend from development approval through to enforcement in occupied buildings.

What the BSR Does

• Manages the three-gateway approval process for new higher-risk buildings — approving designs at Gateway 2 and sign-off at Gateway 3
• Oversees the registration of existing higher-risk buildings and the ongoing compliance of their accountable persons
• Receives and reviews building safety case reports from accountable persons
• Issues improvement notices and prohibition notices for non-compliant buildings
• Prosecutes dutyholders who fail to meet their obligations under the Building Safety Act

Registration — What It Means for Building Owners

All existing higher-risk buildings in England were required to be registered with the BSR. Registration involves providing key information about the building — address, height, number of storeys, number of residential units, and the identity of the accountable person and principal accountable person. Registration is the first step in the ongoing BSR relationship for existing buildings.

Following registration, the BSR expects accountable persons to progress towards full compliance with the building safety case requirements. The BSR has been engaging with accountable persons who are not making adequate progress.

The Gateway Process for Developers

For developers of new higher-risk buildings, the BSR is the decision-maker at Gateway 2 (pre-construction) and Gateway 3 (completion). Gateway 2 requires the BSR to approve the full building design — including a comprehensive fire strategy — before construction can begin. Gateway 3 requires the BSR to confirm the building is safe before it can be occupied.

The BSR has a statutory 8-week period for Gateway 2 decisions, but can extend this for complex cases or where submissions are incomplete. The quality and completeness of the fire strategy submitted at Gateway 2 is one of the most significant factors in the duration of the approval process.

Enforcement Powers

The BSR has significant enforcement powers. It can issue improvement notices requiring accountable persons to address compliance failures, prohibition notices preventing occupation of buildings that pose a risk to residents, and restriction notices limiting the use of buildings. Criminal prosecution is also possible for serious failures, with unlimited fines and imprisonment available as penalties.