Building Safety Regulator

Desmond Swayne Excerpts

Thursday 23rd October 2025 Westminster Hall

[Several hon. Members rose—]

[Sir Desmond Swayne (in the Chair)]

Order. I suggest a time limit of five minutes. Mr Tice, do you wish to speak?

[Richard Tice (Boston and Skegness) (Reform)]

In due time.

[Sir Desmond Swayne (in the Chair)]

Oh, I see. That is very gracious of you. We will have Mr Mike Reader then.

[Mike Reader (Northampton South) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Desmond. I thank the Backbench Business Committee for granting the debate, and I thank my hon. Friend the Member for Milton Keynes North (Chris Curtis) for doing tireless work to co-ordinate it on behalf of us both. I thank his team as well.

I want to start by echoing my hon. Friend’s comments on the disaster that was Grenfell. Waking up on my birthday, 14 June, to see the disaster unfolding in front of my eyes is something that will stick with me for the rest of my life; I am reminded every single time I celebrate a birthday. As we move away from the disaster, I am always very much reminded of the impact not only on the families who lost loved ones, but on the hundreds of other families and the community that was devastated by Grenfell.

To complement what my hon. Friend said, I have heard from the industry that the principles on how the Building Safety Regulator should work are very sound. We should work in a way that puts safety up front. There is a golden thread of data. When I joined the industry 20 years ago, one of my jobs as a graduate was to go and hunt O&M—operation and maintenance—manuals to find out exactly what had been built on site and how on earth we could improve it. There is a thread of information so that we can make decisions in relation to maintenance and operation, and there are very clear duty-holder liabilities and requirements, which were missing at Grenfell and in the industry.

In practice, we are seeing poor performance, which is why this debate was called. We see a regulator that is risk-averse and adversarial and that has an outdated approach, despite being a very new regulator. It prevents the delivery of safe, affordable homes, which is critical given the housing crisis and the homelessness crisis we inherited from the Conservative party.

I am perhaps a glutton for punishment. I give up my time as a Back Bencher to go to quite a number of breakfast events, dinner events and roundtables to talk about the sector that I am passionate about—the construction and built environment sector—as someone who built a 20-year career working in that great industry. It used to be about growth and change, when Opposition Members were in power as Ministers, but now the Building Safety Regulator comes up time and again as a real industry frustration. The BSR is widely regarded as actively hindering the construction of new homes—as a key blocker of the Government delivering 1.5 million homes. As my hon. Friend the Member for Milton Keynes North said, 22,000 homes are awaiting approval for remediation and 33,000 new homes are waiting for approval.

Sometimes, it is not even homes that are stuck in this process. A small to medium-sized contractor from Northampton, Briggs and Forrester, spoke to me about doing the Guildhall in the centre of London. One might not think that that scheme would be caught up, but there are two grace and favour flats in the Guildhall, so the whole thing got stuck in the BSR and was delayed by over six months—all they were doing was replacing chillers on the roof and some mechanical and electrical equipment. Had those two flats not been there, the scheme would have been rushed through and we would have seen one of the great feats of engineering in our city renewed and improved.

I am hearing some worrying things, which I have raised with the Minister, about a trend in London for developers to seek to develop hotels that, once built, are flipped into long-term rents, avoiding the BSR. There is now a grey market of people finding ways of avoiding going through the BSR, including by building alleged hotels that then become rental accommodation under long-term leases.

I do not want my contribution to be only negative. I welcome the reforms, and particularly today’s announcements: the recruitment drive, the new BSR innovation unit and the new leadership, which I think will make a big difference. However, I have to ask the Minister why the industry does not feel like it is seeing the benefits. Is it because that is not enough, or because the Government have been poor at communicating what we are doing to fix this mess? I encourage the Minister to do more to talk about the things that we are changing, because we also need to change the industry culture of talking ourselves down and talking only about the issues that we face.

I started my career 20 years ago in the construction sector as a civil engineer. I am fortunate to chair the all-party parliamentary groups for excellence in the built environment and on infrastructure and to be Labour’s construction champion. On Monday, I put out a LinkedIn post saying that my hon. Friend the Member for Milton Keynes North had secured this debate and that we would like views from industry. Generally, people have welcomed what has happened. There are lots of different proposals for how we could fix this: improving the way that fast-track lanes work; a ratings system for developers; digitising the process; competitive pay, as my hon. Friend said; and even a pre-application process so that developers can engage early to address the issues, as we do in the planning process. I encourage the BSR to consider private sector partnerships to build capacity, because I do not believe that we can recruit quickly enough to deal with the problem.

From what I have heard, the fundamental thing that makes a difference to delivery—whether it is in projects or something like the BSR—is culture. We have heard about a “computer says no” approach and a binary blame culture. The BSR does not believe that developers are trying to do the right thing and is bureaucratic and combative. I have heard that 70% of submissions are returned to developers on their first submission. The majority of those returns are not because of safety concerns, but because of documentation errors. That is not what we want the regulator to do. We want it to focus on safety, not ticking boxes. The regulator should be a problem solver, it should be collaborative, and it should help us to deliver brilliant, affordable, safe homes.

When I joined the industry 20 years ago, people talked about Latham and Egan, and about trust, teamwork and collaboration being central to how we deliver things in the sector. Twenty-five years later, that should still be the case. The Construction Leadership Council, co-chaired by my former boss Mark Reynolds of Mace, has done some brilliant work on that, for which I commend it thoroughly.

I end by encouraging the Minister to challenge her officials on the culture that they are creating. It has to be a culture that says, “Yes, let’s do it together,” rather than, “No, come back and try again.” I have a number of questions for the Minister. The BSR has said that it will clear the backlog by 26 January. Does she feel confident that it can achieve that? The Construction Leadership Council co-chair said in front of a Committee that he believes it will be able to get down to a five-week approval process. How achievable is that? Can the Minister commit to making sure that there are more proactive communications on the issue from her Department so that we can start to deal with the negative sentiment in the market, encourage investors to invest in high-rise and mid-rise schemes, and start building the homes that we need in urban areas?

Can the Minister challenge her officials to make sure they are ready for gateway 3? About three weeks ago, I attended a breakfast where the director of one of the UK’s biggest commercial firms told a room of 50 people, to some quite shocked faces, that she had been considering having a year in their programme to deal with gateway 3 beyond gateway 2, as we see projects now come through. That is a real risk, because we will have buildings finished, but the capital that is tied up in them will not be able to be released through sale or rental. It could really collapse the market.

Finally, there is a suggestion that the new construction regulator could envelop the Building Safety Regulator within its remit. That will need primary legislation. It may well come through in the next couple of years, but knowing now how long things take to get through Parliament, we could be waiting until 2028 or 2029. Can the Minister assure us that if the scope expands and we see a construction regulator whose remit includes construction products and other things, we will not lose the focus on building safety and getting that process going?

I have one more ask of the Minister. As the chair of the all-party parliamentary group for excellence in the built environment, our next inquiry will be into the Building Safety Regulator, so I hope that she will help us with evidence and support us in engaging with industry and helping the Government to fix the problem.

[Sir Desmond Swayne (in the Chair)]

Can we try harder to stick to five minutes?