Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026

Lord Young of Cookham Excerpts

Monday 15th December 2025 Grand Committee

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, I want to take this opportunity to congratulate Andy Roe, who has been leading the work to improve the performance of the building safety regulator and whose peerage was announced on 11 December.

The establishment of the building safety regulator was the most significant reform of the building safety regime in decades. The building safety regulator has removed significant risk from the system and placed residents at the heart of housebuilding. The regulator is an important and non-negotiable part of our built environment, particularly as we deliver 1.5 million homes and accelerate the remediation of unsafe buildings.

The BSR was first established within the Health and Safety Executive. The HSE provided invaluable leadership and experience during the establishment and early operations of the BSR. It is now time for a new phase for the BSR. In June, my department announced reforms to the regulator, including investing in strengthened and dedicated leadership for the BSR; operational improvements, including the creation of a new innovation unit to improve the processing of gateway applications; and bolstered, long-term investment in the capability of the BSR and its capacity to work with industry. Alongside this, we announced the intention to move the BSR out of the Health and Safety Executive, establishing it as an arm’s-length body of the Ministry of Housing, Communities and Local Government. That is the specific purpose of these draft regulations.

These regulations set up a new arm’s-length body sponsored by MHCLG that will exercise the functions of the building safety regulator, as established under the Building Safety Act. The regulations transfer the functions of the building safety regulator from the Health and Safety Executive to this new body. The provisions of these regulations will come into force on 27 January 2026.

The regulations enable the smooth transfer of powers so that the BSR has the legal basis to continue to perform its functions without interruption. They include transitional provisions to cover the period where staff and services will move over in stages from the HSE to the BSR. The regulations provide that the BSR will maintain its operational independence, with its own powers, strategic plan and programme of work, as outlined in the Building Safety Act. This move does not change the functions of the regulator or the ministerial powers and responsibilities set out in the Building Safety Act.

This change will support the building safety regulator for the coming years, strengthening accountability and providing a singular focus and dedicated leadership for building safety regulation. Importantly, this is also the first step towards establishing a single construction regulator, a key recommendation of phase 2 of the Grenfell Tower Inquiry. The new body for the building safety regulator will form the basis of the single construction regulator. The regulations will make sure that the building safety regulator continues to deliver its statutory functions under the Building Safety Act, while leading it into a new era. This will provide the foundation for a stronger, more accountable system that prioritises safety while supporting innovation across the built environment.

I hope that noble Lords will join me in supporting the draft regulations, which I commend to the Committee.

[Lord Young of Cookham (Con)]

My Lords, I join the Minister in congratulating Andrew Roe on his peerage. The experience that he will bring to your Lordships’ House from London Fire Brigade and the building safety regulator will be enormously welcome.

This instrument was debated in another place last week, on 10 December, and it completed its consideration in 12 minutes. On 11 December, the Industry and Regulators Committee produced its report, headed Building a Better Regulator. Within that report is a chapter on exactly the subject that we are debating this afternoon—namely, the single construction regulator—and it gives the background to the decision to which the Minister referred: the need to have a single construction regulator. It goes on to say that witnesses were broadly supportive of the proposal for the single regulator, with several suggesting that the current system was “fragmented”.

However—and this is the point that I want to make in this very short intervention—there were notes of caution. The Chartered Institute of Architectural Technologists argued that

“it is more important that these functions be delivered effectively, than that they be delivered by a single body”.

The institute suggested that the priority should be addressing current regulatory challenges rather than merging functions. Philip White questioned whether this was the right time to establish it and, as with the BSR’s move from HSE to a body within MHCLG, he argued that the organisational change would lead to “disruption”, while suggesting that the regulator would do its best to

“keep business going as usual”.

The Select Committee listened to that argument and to the argument for going straight ahead, and concluded, in paragraph 106:

“We support the Government’s broad proposal to establish a single construction regulator. However, we heard concerns that organisational changes could distract from the immediate imperative of improving operational performance. The implementation of this further organisational change should wait until the BSR is delivering its building control decisions within statutory timeframes”.


As we know, that is not what it is doing, so the question that I want the Minister to answer is: why is she going ahead, it seems, in defiance of a very clear recommendation from a Select Committee? I appreciate that it reported last week, after the instrument had been laid, but none the less it is a clear recommendation that we should not go ahead in January. I wonder how the Minister would respond to that clear recommendation from a unanimous report by one of your Lordships’ Select Committees.

[Lord Elliott of Ballinamallard (UUP)]

My Lords, I will make a very short intervention. I was quite interested to hear from the noble Lord, Lord Young, about what the Select Committee said about this. Some noble Lords will be aware that I have taken an interest in this matter because of some communications I have received over the last few months in relation to delays in getting the building safety regulator’s approval, which have caused huge difficulties for the construction industry, the housing industry and individuals who want to move into a new property or premises.

In principle, I have no issue with a single construction regulator—on the basis that it will be an improvement. I am not yet convinced that it will be an improvement, because we have not seen that with our current system. I would like to see much better progress with the system we have before we move it to an arm’s-length body, because you sometimes lose a level of control with an arm’s-length body. I listened to the Minister indicate that there will still be a control mechanism. I am keen to hear what that control process will be because, if it is to be a more accountable system, it must be more accountable to both this House and the other place. Otherwise, we will not get the improvements that we are looking for and desire.

I am broadly supportive of having a single construction regulator, but we are not getting the process properly implemented as it is, so I am keen to know how it will be improved under the new process.