The Building Safety Regulator: Building a Better Regulator (Industry and Regulators Committee Report)
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The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)
My Lords, I am very grateful to my noble friend Lady Taylor of Bolton, not just for forwarding my mail when we get sent each other’s mail but for securing such an important debate and for what my noble friend Lady Warwick described as a comprehensive and forensic introduction. I am also grateful to the members of the Industry and Regulators Committee. This is a detailed and thoughtful report on the performance of the Building Safety Regulator. I add my thanks to my noble friend Lord Roe, to Charlie Pugsley and the team at the Building Safety Regulator and to Mark Reynolds and the Construction Leadership Council. All have played a fundamental part in moving this issue forward significantly, partly as the committee was doing its work but also since the report was published.
I recognise much of what has been said today. I thank all noble Lords for their constructive contributions, as well as their recognition that progress is being made now. Of course, the 72 victims of Grenfell and the survivors sit at the heart of this issue. My noble friend Lord John rightly reminded us of the fire at Lakanal House in Southwark, where six people were killed and 20 were injured. We must always keep the lessons learned from those dreadful incidents, as well as how to take this issue forward in future, right at the heart of the issue.
The committee’s inquiry forms an important part of Parliament’s wider scrutiny of regulators. Its report is a timely and valuable assessment of whether the Building Safety Regulator has the capacity, the capability and the right approach needed to deliver the statutory functions effectively; as the noble Lord, Lord Jamieson, said, they were set out in the Building Safety Act. It has rightly examined how the regulator is operating in practice, how it is responding to early challenges and how it can continue to build confidence as the new regime matures. Since its establishment under the Building Safety Act, the BSR has been central to delivering post-Grenfell reforms and to restoring confidence in the safety of our built environment. There cannot be anything more distressing than not feeling that you are safe in your own home. At the heart of this work are the residents themselves, who rightly expect a regulatory regime that is rigorous in its standards but also clear, proportionate and effective in how it operates in practice. As my noble friend Lady Taylor and the noble Baroness, Lady Harding, reminded us, this has also been a handbrake on the development that we need in this country.
Taken together, these points underline the scale of the task that the regulator was asked to take on and the importance of ensuring that it is properly supported to mature, adapt and improve over time. I am grateful to my noble friend Lord Roe for giving such a valuable insight into the role of the regulator, the situation as it was and the data emerging as improvement is made. This is vital in order to build public confidence and that of the industry.
The regulator now operates as a stand-alone organisation sponsored by the department, marking an important step towards reducing the fragmentation that was identified in the system in both the Hackitt review and the Grenfell reports. That has given the BSR, as a new organisation, greater operational flexibility and clearer accountability, while allowing it to focus on its core regulatory functions.
My noble friend Lady Taylor reminds us that public trust in the regime depends not just on its intent but on how clearly, consistently and efficiently it operates on the ground. That is why the department and the Building Safety Regulator have worked closely together to implement a substantial programme of operational reforms. I accept that the reforms took longer than anticipated to get going, but they are beginning now to deliver tangible improvements. Over the past 12 weeks, close to 10,000 homes have been approved, including more than 2,000 in London. Performance has improved markedly, with new-build approval rates rising to 90%, up from 33% in February. In April, the BSR also introduced an external remediation improvement plan, supported by updated guidance for existing higher-risk buildings, to accelerate the pace of remediation. Approval rates for remediation cases—I think my noble friend Lord Roe quoted this—rose to 79% in May, exceeding the 65% target.
It is also important to consider how improvements in regulatory performance sit alongside our wider objectives on housing delivery. Building safety and growth are not competing objectives; they are two sides of the same coin. Proportionate and effective regulation is essential both to ensuring that homes are built and remediated safely and to supporting housing delivery by reducing the risk of people remaining in unsafe ageing buildings or in temporary accommodation.
Against that backdrop, the Government welcome the committee’s recommendation and the challenge that it has provided in this area. We published our formal response in February this year, and we remain committed to continuing to improve the operation of the Building Safety Regulator. That includes listening carefully to feedback from residents, industry stakeholders, developers and Members of this House to ensure that the regime continues to evolve in a way that delivers safety, confidence and homes that people can trust.
I turn to some of the specific issues raised today, and I will set out how the Government are responding to some of those issues. My noble friend Lady Taylor and other noble Lords raised issues around the gateway 2 delays that we saw back in the day. As the committee highlighted, timely decision-making is critical, which is why we have focused on improving throughput at gateway 2. My noble friend is quite right: clarity of expectation for the industry is vital. The legacy gateway 2 new-build backlog has now been cleared, down from 103 cases in September 2025. New-build applications are being approved within 22 weeks on average by the innovation unit, compared with 37 weeks in July 2025. As set out by my noble friend Lord Roe, that balance is being achieved by working with developers.
Early expectations on BSR approval timelines were set before operational capacity and system maturity were fully established. It is key to say that things have moved on since then, and the BSR strategic plan now sets a clear and deliverable trajectory towards 18-week determinations. The focus now is on embedding these improvements so that stronger performance at gateway 2 is sustained. The noble Lord, Lord Jamieson, mentioned risk in development. He is right that we must try to get through the process of assessing and dealing with risk as quickly as possible.
The noble Lord, Lord Fuller, also mentioned gateway 3 approvals. Gateway 3 is still relatively new and only a small number of projects have reached that stage, but it is a critical final check before the occupation of higher-risk buildings. The Building Safety Regulator is ensuring that regulatory scrutiny is front-loaded at gateway 2, but the learning is helping developers and the Building Safety Regulator refine the gateway 3 process, improving consistency and efficiency while maintaining a firm focus on resident safety. The peril here is that I am looking at the chair of the Building Safety Regulator to make sure of what I am saying. He is nodding.
A number of noble Lords mentioned the review of the higher-risk regime, including the noble Baroness, Lady Taylor, and the noble Lords, Lord Fuller and Lord John. We have acted on the committee’s recommendation to review the higher risk building control regime to make sure that it is proportionate for lower risk and routine works. We consulted on how building work to existing buildings should be categorised under the higher-risk regime, ensuring that the information submitted to the regulator is proportionate to the scale and nature of the work while maintaining safety standards. That included proposals to reduce documentation requirements for building work within individual flats and for small-scale works in communal areas of existing higher-risk buildings. The consultation has now closed and we are carefully considering its responses. I hope it will enable a more proportionate response.
A number of noble Lords, including the noble Baronesses, Lady Taylor and Lady Warwick, and the noble Lord, Lord Jamieson, referred to the building professions, trades and occupations. Having the skills to do this work is vital. To support this, on 26 March the Government announced a £70 million investment to address shortages in building inspectors and fire engineers—the largest investment in these vital safety professions for generations. This sits alongside the wider construction skills package, to which the Government committed £625 million to improve training quality and to recruit an additional 60,000 skilled construction workers by 2028. We are committed to working with the sector to publish a new long-term strategy for building professions, which will carry out a system-wide review of regulation competence and culture, including the creation of a new central oversight function. On 20 May, we launched a call for evidence on this. I encourage all those interested to respond by the deadline of 12 August.
I was pleased to hear the noble Lord, Lord Roe, talk about the engagement that has taken place with the industry, because I know this came out clearly in the committee’s report. The noble Baroness, Lady Taylor, spoke about the quality of applications, and the noble Baroness, Lady Harding, and the noble Lord, Lord Jamieson, referred to this. We have worked very closely with industry, including through the Construction Leadership Council, to improve the quality of applications and strengthen that two-way engagement. As noble Lords have rightly said, this is a two-way process. Alongside this, the BSR has published a comprehensive suite of guidance, both directly and with industry partners, covering building control approvals, application requirements and key stages such as completion. This has been supported by wider resources including webinars and practical materials to help duty holders understand and meet their obligations. We think this is now driving significant improvement in the quality of remediation and new-build applications.
The noble Baroness, Lady Taylor, spoke powerfully about the phasing of decision-making around less high-risk buildings and the noble Lord, Lord John, spoke about consistency in decision-making. The BSR is now taking a more structured and consistent approach to decision-making, including through that clearer guidance, stronger quality assurance and greater engagement with industry. This is improving the predictability of gateway decisions, which will be critical, and maintaining a robust and proportionate safety regime with a shared expectation that applications will meet the required standard.
On reporting transparency, the noble Baronesses, Lady Harding and Lady Taylor, raised issues about the BSR reaching its KPIs. The noble Lord, Lord John, referred to the BSR saying that it felt that it could not comply, in the early days. I hope we have moved on from that now.
Transparency and regular reporting are critical so that Parliament and the industry can track performance and understand how the regime is operating in practice. For this reason, as the noble Lord, Lord Roe, said, the Building Safety Regulator now publishes monthly data on building control approval applications, covering both new-build and remediation activity. That regular publication helps provide visibility of volumes, progress and trends, and supports scrutiny of improvements over time. The Building Safety Regulator is under a statutory duty to publish a strategic plan setting out its priorities, and, as a new arm’s-length body, it will also publish an annual report and accounts to provide transparent reporting on its performance.
A number of key issues were raised around construction products—an issue about which I personally feel extremely strongly. The noble Baroness, Lady Taylor of Bolton, and the noble Lords, Lord Best and Lord Jamieson, all raised this issue. The committee was clear that long-standing weaknesses in the construction products regime must be addressed to close the regulatory gaps and restore confidence that the products we see on the market are safe. For that reason, we published a construction products White Paper in February this year, outlining proposals for ambitious, system-wide reform of the construction products regulatory regime.
The systemic dishonesty in continuing to market the dangerous products we all know about now, when their failings were well known throughout the industry, was disgraceful. Confidence must now be restored. That cannot wait any longer; we have to tackle this product-related harm. The White Paper delivers: a path to implementing a new general safety requirement to bring unregulated products into scope more quickly; a step change in product information, testing standards, certification oversight and digitisation so that those installing and using products can rely on clear and trustworthy information; a coherent regulatory framework; and a system that incentivises safety while supporting innovation, enabling the industry to grow with confidence. The White Paper and general safety requirement consultations have now closed, and our reform proposals will help build renewed confidence and trust in the construction product sector for residents—and the industry, because working with unsafe products affects not just residents but the people who work in the industry.
The noble Lords, Lord Fuller and Lord Best, raised issues around under 11-metre buildings. Buildings that have fewer than five storeys or are below 11 metres are not within scope of the leaseholder protections introduced by the Building Safety Act, but we recognise the concerns raised by leaseholders who fall outside these protections. The Government are actively considering how we can go further to support those affected. In line with the remediation acceleration plan, we are committed to providing targeted funding in limited circumstances through a small fund for the remediation of cladding in buildings under 11 metres. Further details of the scheme design and how it will operate will be set out in July ahead of the Summer Recess.
I welcome the comments from the noble Lady, Baroness Taylor of Bolton, and others about the steps that have already been taken towards the single construction regulator. In December, we published the prospectus and the consultation. We are now analysing the responses to that consultation and will publish a response this summer. The Building Safety Regulator’s functions will form a key foundation of a single construction regulator, with changes carefully phased to avoid disruption. Primary legislation is required to implement several proposals; we will bring forward that necessary legislation as soon as parliamentary time allows.
The noble Baroness, Lady Harding, rightly raised the issue of the regulator’s costs. Detailed costs will be set out in due course as we finalise the design and funding model for the regulator. Our priority will be to ensure that it has the resources to be effective while keeping costs proportionate. The noble Baroness also raised the issue of a review of the new regulator to make sure that we do not end up with something that is not working being allowed to carry on. We are considering the responses to the consultation. We expect the regulator to be introduced on a phased basis, but I assure the Committee that we are aware of the need for an early assessment of how it is working; that will be put in place.
A number of noble Lords mentioned the pace of remediation and the delays in implementation. The noble Baroness, Lady Warwick, rightly raised the issues around how this is taking effect in the social housing sector. Back in December 2024, we launched our remediation acceleration plan, and, in July 2025, we set out further steps, including the intention to bring forward primary legislation and more than £1 billion in new investment to speed up the remediation of social housing, giving social landlords equal access to government funding schemes with immediate effect. We are working with the BSR to establish a new remediation enforcement unit focused on buildings with unsafe cladding that are 18 metres and above. The noble Baronesses, Lady Harding and Lady Warwick, reminded us of the impact on leaseholders, which is certainly part of the Government’s considerations.
Since April 2024, we have also invested £39 million to strengthen regulatory capacity across local authorities, fire and rescue services and metro mayors, supporting the Building Safety Regulator to hold those responsible for remediation to account. Nearly nine years on from Grenfell, there is no justification for any building to remain unsafe. We will shortly bring forward the remediation of unsafe cladding Bill, which will drive forward cladding remediation and ensure that those responsible for the cladding safety crisis pay towards fixing the problem they caused. We will introduce a new legal duty to remediate, requiring those responsible to assess their buildings and promptly fix unsafe cladding, or face criminal prosecution. When they do not, a new remediation backstop will allow a third party to step in and carry out the work. Every building made safe means fewer families left waiting and real progress towards helping people move on with their lives.
The noble Lord, Lord Fuller, raised the cost of the building regime—an important issue that I will cover briefly. The committee raised concerns about the cost impacts of the building safety regime and the importance of ensuring that fees are fair, transparent and linked to improve performance. The Building Safety Regulator’s fees and charges are set in line with His Majesty’s Treasury’s Managing Public Money guidance and operate on a cost-recovery basis. Any changes to fees would need to be considered carefully, alongside wider efforts to improve system capacity, efficiency and the consistency of decision-making. Should future changes be made, the Government will take into account the committee’s recommendations as part of their wider assessment of what the options might be.
I hope that I have covered the points made by noble Lords. In conclusion, the Government remain firmly committed to a building safety regime that is both robust and proportionate and which protects residents, maintains confidence and supports the delivery of safe homes. The committee’s recommendations have provided a valuable challenge and clear focus on what matters most: safety, consistency, transparency and delivery in practice. As I have set out today, we have already taken significant steps to strengthen the operation of the higher risk regime, and we will continue to refine it where necessary to make sure that it works effectively for residents and the sector.
I am very grateful to the noble Baroness, Lady Taylor of Bolton, for securing this debate, and to all noble Lords who have contributed, and I thank the committee for its very careful and constructive work. I look forward to continuing the dialogue as we work collectively to make sure that the building safety system delivers for residents and the wider sector for the long term.