A cross-party Industry and Regulators Committee in the House of Lords has warned that “unacceptable” delays within the Building Safety Regulator’s (BSR) approval processes are leaving residents in unsafe buildings waiting longer for the remediation of dangerous cladding, while also driving up costs for leaseholders.

While the Committee recognises and supports the increased scrutiny introduced by the Building Safety Regulator in the interests of improving building safety, its 80-page report – The Building Safety Regulator: Building a Better Regulator – raises serious concerns about the impact of regulatory delays on both safety outcomes and housing delivery. The report warns that, without reform, these delays risk undermining the Government’s stated ambition to deliver 1.5 million new homes by 2029.

Drawing on evidence from a wide range of witnesses – including campaign groups, developers, housing associations and regulators working closely with the BSR – the Committee identifies several key issues:

The BSR has not provided sufficiently clear guidance on how applicants are expected to demonstrate that buildings are safe.

A significant number of applications are being rejected or delayed due to basic errors and an inability to adequately evidence fire and structural safety, highlighting ongoing competence and capability challenges within parts of the construction sector.

Many construction products lack relevant product standards, leaving gaps in regulation and assurance.

Long-standing difficulties with local authority funding, combined with the introduction of the new regulatory regime, have resulted in an ageing and under-resourced building control workforce, making it increasingly difficult to meet demand.

Despite these pressures, smaller-scale works, such as bathroom refurbishments in high-rise buildings, are still being subjected to the full scrutiny of the BSR’s already stretched multidisciplinary teams (MDTs).

To address these concerns, the Committee calls for a number of targeted reforms, including:

Clearer guidance from the BSR to its MDTs on how compliance with the Building Regulations should be evidenced and assessed, to improve consistency and confidence in decision-making.

Action from Government to remove smaller works from the BSR’s Building Control approval process, or to introduce a proportionate, streamlined route for such projects.

Greater continuity in regulation through the allocation of the same MDTs to similar buildings or projects delivered by the same organisation, improving efficiency and consistency.

Long-term Government investment in the training and development of new building control and fire inspectors to address critical skills shortages and support the effective operation of the new building safety regime.

Anxiety and frustration

Baroness Taylor of Bolton, chair of the Industry and Regulators Committee, observed: “The tragic loss of 72 lives due to the Grenfell Tower fire laid bare the urgent need to reform building safety regulation in England, particularly so for high-rise buildings. The introduction of the Building Safety Regulator was a necessary and welcome step.”

Baroness Taylor continued: “However, the scale of the delays caused by the BSR has stretched far beyond the regulator’s statutory timelines for Building Control decisions. This is unacceptable. We welcome the fact that the Government and the BSR are now acting to try and make practical improvements, but this will not address the anxiety and frustration that residents and companies have experienced.”

Further, Baroness Taylor noted: “It doesn’t improve safety to delay vital remediation and refurbishments, nor to deter the delivery of new housing in high-rise buildings. We expect to see further action from the Government and the BSR to ensure that construction projects in high-rise buildings can be brought forward more quickly and without compromising on vital safety improvements.”

BSR response

The BSR has issued a response to the report through the Health and Safety Executive (HSE). It states: “We recognise that Building Control applications have been taking too long to process. Since the Committee began its hearings in the summer, we have made significant changes to speed up decision-making with a focus on new build and cladding remediation applications. These changes include the introduction of a new Innovation Unit, batching processes and account managers to improve communication with applicants.”

The statement continues: “These improvements are helping to increase industry confidence and, in the 12 weeks to 24 November, enabled construction to proceed on over 11,000 new homes. We also saw a 73% approval rate for new build decisions during that time, demonstrating that changes introduced are beginning to work.”

Further, the statement – issued through the Engagement and Policy Division at the HSE – reads: “Making sure buildings with dangerous cladding are remediated quickly is also a priority and will be the focus of our new Remediation Enforcement Unit, which will begin working on cases in the New Year.”

In conclusion, the HSE comments: “The Committee’s recognition that the BSR has successfully driven a ‘crucial cultural shift’ towards safer homes is a welcome endorsement of the new regime. We remain firmly committed to being a proportionate and enabling regulator that works alongside the construction sector to protect residents and deliver safe buildings in support of the Government’s housing targets.”

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