What This Requirement Covers
The Building Safety Regulator (BSR) is a function within the Health and Safety Executive (HSE), established by the Building Safety Act 2022. The BSR is responsible for regulating building safety in England, with particular focus on higher-risk buildings.
Key Requirements
Key Functions
- Building control authority for higher-risk buildings: The BSR is the sole building control body for all higher-risk residential buildings (over 18 metres or 7 storeys with 2+ residential units)
- Oversight of building control: The BSR oversees the performance of all building control bodies (local authority and registered building control approvers)
- Registration: The BSR maintains a register of higher-risk buildings and registers building control professionals (building inspectors)
- Competence oversight: The BSR sets and enforces competence standards for building control professionals and duty holders
Regulatory Powers
- Gateway approvals: The BSR must approve applications at Gateway 2 (before construction) and Gateway 3 (before occupation) for higher-risk buildings
- Compliance notices: Requiring specific actions to address building safety defects
- Improvement notices: Requiring improvements within a specified timescale
- Prohibition orders: Preventing occupation of a building that presents a serious risk to safety
- Prosecution: For criminal offences under the Building Safety Act
- Civil sanctions: Financial penalties for regulatory breaches
Organisational Structure
The BSR comprises three directorates
- Building Safety: Regulation of higher-risk buildings during design, construction, and occupation
- Building Control: Oversight of the building control profession
- Engagement and Policy: Stakeholder engagement, resident support, and policy development
Practical Compliance Tips
- Check whether your building project falls under BSR jurisdiction (higher-risk building definition) at the earliest stage
- Allow additional time in the project programme for BSR Gateway approvals; processing times may be longer than traditional building control
- Engage with the BSR's pre-application service for complex projects
- Ensure all duty holders (Principal Designer, Principal Contractor) understand their BSR responsibilities
- Monitor the BSR's website for updated guidance, forms, and procedural requirements
- For existing higher-risk buildings, ensure registration is complete and the safety case process is underway
- The BSR publishes regular updates on its enforcement activity; review these for lessons learned