The Building Safety Regulator was set up under the Building Safety Act 2022 (BSA 2022). One of its key purposes is to regulate higher-risk buildings (HRBs); it does this in two ways: 

• Overseeing the regime for HRBs in occupation detailed under Part 4 of BSA 2022; and 
• Overseeing and approving building work to HRBs (Part 3 of the BSA 2022). 

The operation of the regime under Part 4 appears to be working as intended. The BSR reports that in 2024/25, it directed more than 1,400 Principal Accountable Persons to apply for Building Assessment Certificates, with the first certificate issued in January 2025. In contrast, the BSR’s role as a building control authority has been subject to criticism. 

There are significant delays in the approval process, affecting both the construction of new HRBs and works to existing occupied HRBs. A number of our clients have reported concern that the delays in the approval process are preventing important safety works to their buildings, which contradicts the very purpose for which the BSR was established. 

Whilst it is clear improvements are needed to the BSR’s processes, the BSR has argued that the quality of the applications it has received has contributed to the delays, with a significant number rejected as a result. Despite this, the BSR has not provided any generally available practical guidance on how applications can be improved.

Whatever the reason, it is clear that change is needed, particularly given the Government’s significant housing targets. The announcement that the House of Lords Industry and Regulators Committee has launched an Inquiry covering the work of the BSR is, therefore, welcome news. 

The Committee is currently accepting written contributions to its Inquiry (deadline for submission: 31 August 2025) and will move on to public evidence sessions between June and September, aiming to report to the House in the Autumn. 

Whilst any change arising from the Inquiry is unlikely to be instant, we would urge housing providers with HRBs to contribute. This is an opportunity to ensure the systems in place are practical, whilst still keeping the safety of residents at the forefront. 

If you are currently being impacted by delays in the approval process and require advice as to your obligations and possible next steps, please do get in touch with our building safety team.