Ilyas Patel, director, Russell Bolton Consulting, explains what the proposed changes for the Building Safety Regulator mean for the construction industry
The Building Safety Regulator has been subject to a stream of criticism since it launched in October 2023. Now, less than two years later, the government has stepped in to take control, parachuting in Andy Roe KFSM as non-executive chair and launching an inquiry into its effectiveness.
With the Building Safety Regulator (BSR) under fire, construction projects cannot wait for reform.
Government intervention for a slow system
Amid serious disaffection with the BSR and its track record to date, the government’s intervention in appointing new leadership at the BSR gives positive hope for change. But with the housing crisis deepening and developments across the country stalled, we need to find solutions now.
Unfortunately, the absence of feedback from the BSR has become the norm rather than an exception to the rule, with a lack of clarity and inconsistency around requirements impacting construction timeframes.
We have also seen frequent changing of the goalposts, particularly during the last 12 months, and with little warning, further threatening viability and creating unnecessary challenges at a time when developers are grappling with inflation and various global economic headwinds.
While some interim changes have been made in advance of the inquiry’s findings, including the addition of more than 100 new staff to reduce delays and a fast-track process for assessing newbuild applications, further action is needed – and urgently – to get development moving.
Our own experience and a recent Gateway 2 submission for a new build development identified four pieces of advice that we offer to developers:
Early engagement: Get in early (and stay there)
Don’t wait until you’re ready to submit; register your building and book pre-application meetings immediately. The Fire and Structural Safety Cases for Gateways 1 and 2 are where most projects hit trouble. On our Stockport scheme, this early engagement has proven invaluable, ensuring the project moved forward whilst others face lengthy delays.
Look out for new guidance
It’s important to leverage all available information and support. Since June 2025, the BSR has quietly published extensive practical guidance aimed at improving submission quality and reducing cycle times. It’s still not perfect but it is significantly better than in the early days. Most developers are still focusing on what is missing rather than exploiting what is actually available.
Position for fast-track
When it comes to new-build developments, clearly state the project’s fast-track eligibility upfront and ensure that complete documentation is submitted with Gateway 2 applications, particularly third-party assessed competence. We secured fast-track consideration for one project simply by asking the question after submission.
Strategic staging: ‘Approval with requirements’
Most industry professionals aren’t aware of ‘approval with requirements’ – we have used it successfully to maintain momentum whilst addressing outstanding issues. At a recent roundtable we hosted, the number of experienced developers who had never heard of this route was striking.
You can deliver project phases under Gateway 1 approval or stage non-critical elements while awaiting Gateway 2 approval. Although it is not ideal, it does prevent programme slippage and keeps cash flow moving.
Moving forward
The addition of new BSR staff to accelerate decision-making and the introduction of the fast-track process are certainly steps in the right direction. However, fundamental change will take time. The government’s 1.5m homes target depends heavily on high-rise development, which means getting the BSR right is essential.
Until major reform arrives, we must work with the system that exists today. This means being proactive, staying informed, and leveraging every available tool.
The key is turning regulatory challenges into competitive advantage.
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