Today is the day the BSR is removed from the Health and Safety Executive as part of reforms to improve operations
The removal of the Building Safety Regulator was announced in July last year, as part of measures to tackle the BSR’s inefficiency.
A major criticism was that, while part of the HSE, the regulator did not have access to the expertise it needed in terms of building control, cladding, fire engineering, or structural risks.
The HSE and BSR do not align culturally
Furthermore, it was put forward that the HSE is primarily a risk-based and reactive enforcement organisation, while the BSR requires proactive action to determine and tackle risks in buildings, especially high-rise buildings, before they become a problem.
The reformation of the BSR as a single construction regulator also aligns with the recommendations made in the conclusion of the Grenfell Tower Inquiry. A small irony as the BSR was originally created after the Grenfell tragedy in 2021.
The issues facing those dealing with the BSR became too much, as members of the ACQP reported delayed interventions on high-risk buildings, leading to many structures deemed unsafe still being occupied years later. Furthermore, the regulator was accused of being distant, bureaucratic, and disconnected from both professionals and residents.
Now, the regulator will operate as an arm’s-length body under the jurisdiction of the Ministry of Housing, Communities and Local Government. They will work to promote competence and high standards.
Lord Roe, chair of BSR, said: “Today is a decisive and important step in strengthening building safety and a milestone that marks our evolution into a standalone regulator.
“While the creation of BSR in 2021 was a watershed moment, today is about looking forward to a single construction regulator that brings coherence to a once-fragmented system.
“We will know we are successful when residents acknowledge we have made the built environment safer.
“Today is about continuing to support homes being built safely while fulfilling our primary mission: ensuring we are all building better and living safer, together.”
The House of Lords say BSR delays are unacceptable
In December, the House of Lords Committee produced a report investigating the delays and problems faced by the BSR.
The report examined and cited an ageing workforce and issues with the BSR’s approval processes, which leave residents of unsafe buildings in danger as they wait for remediation. Cladding is a particular issue, with many buildings requiring their flammable cladding replaced.
After hearing from a range of witnesses including representatives of campaign groups and other organisations, developers, housing associations and regulators which work closely with the BSR, the Committee also found:
- The BSR has not given clear enough guidance on how applicants are supposed to demonstrate that their buildings are safe;
- Many applications are being rejected or delayed due to basic errors and applicants’ inability to evidence how they are considering elements of fire and structural safety, which reflects poorly on the construction industry;
- Many construction products do not have relevant product standards, leaving them entirely unregulated;
- Difficulties in local authority funding and the introduction of regulation have left an ageing workforce of building inspectors who are struggling to meet demand;
- Despite these skills shortages, smaller works such as bathroom renovations in high-rise buildings are being subject to the scrutiny of the BSR’s hard-pressed multidisciplinary teams (MDTs).
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