On 22 July 2025, a new Memorandum of Understanding (MoU) was published between the Regulator of Social Housing (RSH) and the Health and Safety Executive in its role as the Building Safety Regulator (BSR). The MoU outlines how the two regulators will collaborate to strengthen building safety in the social housing sector.

Key takeaways from the MoU

• Closer collaboration: The MoU establishes a framework for regular communication and cooperation between RSH and BSR. While each regulator maintains its independent statutory remit, they will meet frequently to discuss matters of mutual interest and coordinate their efforts to improve building safety.
• Information sharing: The regulators will share relevant data and intelligence, particularly where it relates to potential breaches of regulatory standards or building safety concerns. This includes sharing information on registered providers (RPs) with responsibilities under the Building Safety Act 2022, and notifying each other of any enforcement action taken. 
• Joint communications: RSH and BSR will work together to promote clarity around their respective roles and responsibilities, ensuring consistent messaging both internally and to the public.

Implications of the MoU for RPs

RSH and BSR regulate through a mix of proactive and reactive measures. The MoU therefore significantly increases the potential for cross-regulatory scrutiny for RPs that own or manage higher-risk buildings:

• Shared intelligence: Information disclosed to RSH (whether through self-referral, inspection findings, or routine reporting) may now be shared with BSR if it relates to building safety risks.
• Dual investigations: A breach of the Consumer Standards (such as the Safety and Quality Standard) could trigger parallel investigations by both RSH and BSR, each with distinct enforcement powers.
• Legal risk exposure: RPs must be mindful that disclosures made to RSH or BSR could have wider regulatory consequences. For example, an RSH self-referral about fire safety concerns could lead to BSR involvement and potential enforcement under fire and building safety legislation. 

In light of the MoU, RPs with higher-risk buildings need to consider any self-referrals to RSH, any responses to regulatory inquiries or inspection outcomes, and communication with either RSH or BSR very carefully. It is very likely that any information regarding the management of fire and building safety risks in higher-risk buildings will be shared between the regulators, with the potential for both to take action.

For more information

Our regulatory and housing governance teams have extensive experience advising RPs on these issues. We offer strategic, practical guidance and support to help providers navigate the intricacies of referrals, assess potential legal and regulatory risks and manage communications with regulators. 

If you would like support with any of the areas discussed above or would like to discuss further how our firm can help you, please contact us.