The Building Safety Regulator: Building a Better Regulator (Industry and Regulators Committee Report)

Baroness Warwick of Undercliffe Excerpts

Monday 8th June 2026 Grand Committee

[Baroness Warwick of Undercliffe (Lab)]

My Lords, I congratulate my noble friend Lady Taylor of Bolton on her comprehensive and forensic introduction to this report. I wanted to speak in this debate because the role of the regulator is crucial in delivering the Government’s aim of urgently building more homes and in resolving one of the most intractable social problems that the country faces: the lack of safe, healthy, affordable homes for everyone.

Of course, it is not just new homes that we should be concerned about. The Grenfell Tower tragedy put into stark relief the problems we face with existing stock. It is worth reminding ourselves that most housing stock is already ageing. Indeed, the majority of our homes are already more than 60 years old. It is a problem that has exercised all parties when in government. The previous Government set up the BSR following the Grenfell fire to improve the regulation of building safety standards. Grenfell Tower was built 50 years ago, and it was its refurbishment, and the materials and products used, that came under close scrutiny.

The Select Committee’s report is a timely review of whether the BSR has delivered on its intentions. Its findings make for sombre reading; it was very helpful to hear about the salutary other side of the argument, if you like, in my noble friend Lord Roe’s much more upbeat report on the progress made so far. The committee found that the BSR took far too long to make decisions on construction projects; that is still a problem, I think. There were also issues around staffing and skills, poor communication, a lack of high standards in some parts of the building industry and inefficient BSR processes.

My emphasis is on social homes, the majority of which are built by housing associations. The Select Committee heard from housing associations about how the BSR’s delays and a lack of clarity and communication are holding up vital safety work. I know that housing associations have been keenly focused on the safety of their residents and are doing everything they can to meet the deadlines in the Joint Plan to Accelerate Remediation of Social Housing, so it has been very frustrating that the BSR’s regulatory framework is having such a direct impact on enabling safer homes and on the delivery of new homes. The Government’s own data shows that the social housing sector has been completing works at around twice the rate of the private sector, so it is vital that these delays are resolved. I want to add here, though, that the collaborative approach from government—as well as the engagement work of the National Housing Federation to ensure that housing associations were able to feed into the joint plan’s development in order to secure agreed timelines—is an excellent example of the strong partnerships that we need to make buildings safe.

The report makes some powerful recommendations to resolve these issues. Its recommendations were welcomed by the Government, who have already put in train changes that have produced clear improvements in the BSR’s performance; my noble friend Lord Roe echoed that. There is no doubt that recent progress has been made. Since my noble friend Lord Roe and Charlie Pugsley took over the leadership of the regulator, implementing new innovation units for both types of applications and recruiting more staff to review cases, there have been significant improvements in decision-making times. These welcome changes will ensure that housing associations can remediate and build at a faster pace, securing safer homes and the new social and affordable homes that we desperately need. Even more progress will be made following the publication of the guidance for applicants on good submissions to the regulator, which should give further clarity and reduce rejections. I hope that the Minister will be able to provide some detail on when this will be published.

Collaboration between the BSR and housing associations is only growing stronger through these new initiatives. I know that the social housing sector is committed to continuing to work with the regulator on not only delivering remediation but resolving other safety risks, including transfer slabs and large-panel system buildings, to ensure that every single one of their residents feels safe in their own home.

I welcome this report. It is vital that we have a robust and proportional regulator to ensure that everyone in the country lives in a safe home. The report sets out very clear and practical recommendations on how to achieve this. The Government have welcomed them and have already taken action to improve the performance of the BSR. I hope that, in her response, the Minister can give us greater detail on any further initiatives that may follow.

There are two areas about which I remain concerned. One is leaseholders in high-rise buildings—the noble Baroness, Lady Harding, referred to this in her remarks—in terms of the remediation of dangerous cladding and other safety issues, in addition to financial uncertainty. All of these issues are compounded by the fact that leaseholders are already facing significant regulatory costs to examine and resolve safety issues for which they bear little or no responsibility. In his role as chair, my noble friend Lord Roe again gave us a much more reassuring picture, but I hope that the Minister will be able to give us an update on where precisely we are on high-rise buildings.

As I said earlier, one of the main causes of the Grenfell fire was its cladding, which is of course a building product. The committee questioned the BSR about the product testing regime and the fact that enforcement of the regulations has been almost non-existent. The noble Lord, Lord Best, also made this point. That was a very low bar indeed for the BSR to improve on. In reading the evidence, I was concerned that the BSR seemed to rely on a “nudge” approach, which it hoped would raise awareness and “ripple out”. I did not find that very convincing, and the level of enforcement action that is taking place was not clear from the report. I hope that the Minister can tell us what progress has been made in developing a rather more rigorous approach.