Breaking down the Building Safety Regulator’s crackdown on higher-risk buildings

The Building Safety Regulator (BSR) is beginning to clamp down on higher-risk buildings – presenting pertinent considerations for landlords, including Right to Manage (RTM) and resident management companies (RMC) company directors, secretaries, and members alike.

Hear from Residential Property expert Liz Ramsden as she breaks down what those responsible for high-risk buildings need to be aware of – and the steps they should be taking to avoid enforcement action.

The background: What is the Building Safety Regulator – and why is enforcement amping up now?

The Building Safety Regulator is a public body which regulates, and enforces the safety standards applicable to, higher-risk buildings (buildings which are more than 18 metres or seven stories high).

It was initially introduced in 2021 as part of the then-Draft Building Safety Bill (which later passed into law to become the Building Safety Act 2022) – aimed at mitigating fire safety risks for multi-occupancy residential buildings in response to findings arising from the 2017 Grenfell Tower tragedy.

In January 2026, the Building Safety Regulator became a standalone entity sponsored by the Ministry of Housing, Communities and Local Government – paving the way for the establishment of a single regulatory body responsible for overseeing and enforcing construction standards.

Two months later, the BSR published its strategic plan for 2026-2027, setting out its priority focuses between 1 April 2026 and 31 March 2027 – with a clear shift towards ramping up remedial works to remove and rectify unsafe cladding, monitoring whether those responsible for higher-risk buildings have appropriate plans in place to rectify unsafe cladding and manage risks in the meantime, and taking enforcement action against those who fail to comply.

The breakdown: What those responsible for higher-risk buildings need to know in light of the BSR’s crackdown

From October 2023, all existing higher-risk buildings should have been registered with the Building Safety Regulator, with failure to comply constituting a criminal offence.

As enforcement efforts amp up a notch and the BSR begins actively writing to those responsible for higher-risk buildings that they’ve identified aren’t registered with them, we sat down with Residential Property expert Liz Ramsden to glean her insights into what those responsible for high-risk buildings need to know – and the steps they should be taking next:

The bottom line: What those responsible for higher-risk buildings should do next

If you’re responsible for a higher-risk building, you should ensure that your building is registered with the BSR, that you have a plan of action in place to rectify fire safety defects including unsafe cladding together with any structural risks, and that you are complying with the building safety regulations and requirements.

You should also ensure that any safety case reports are up-to-date, and notify the BSR of any relevant changes (such as improvements to, or impacts on, buildings safety risks).

It is a criminal offence for a higher-risk building to be unregistered with the BSR, so if you become aware that a building you manage is unregistered, you should take steps to register it with the BSR without delay.

Your questions, answered.

What is the Building Safety Act 2022 – and where does the Building Safety Regulator fit in?

Receiving Royal Assent on 28 April 2022, the Building Safety Act 2022 introduced measures aimed at mitigating fire safety risks for multi-occupancy residential buildings in response to findings arising from the 2017 Grenfell Tower tragedy.

The Building Safety Regulator was initially formed in 2021 as part of the then-Draft Building Safety Bill to regulate, and enforces the safety standards applicable to, higher-risk buildings (buildings which are more than 18 metres or seven stories high).

Here’s a refresher of the road so far:

• July 2020: The draft Building Safety Bill was published.
• February 2021: The Health and Safety Executive (HSE) appointed its first Chief Inspector of Buildings, responsible for overseeing the establishment of the Building Safety Regulator proposed by the draft legalisation.
• Summer 2021: The Building Safety Bill was introduced to parliament.
• 28 April 2022: The Building Safety Bill received Royal Assent, passing into law to become the Building Safety Act 2022.
• April 2023: A registration period opened requiring Principal Accountable Persons (PAPs) responsible for existing higher-risk buildings to register their building with the BSR.
• October 2023: The BSR was established as the building control authority for higher-risk buildings. The window to register existing higher-risk buildings closed, and a requirement for developers intending to construct a building of 18 metres or seven-storeys in height to apply for approval from the BSR before work could commence was introduced.
• November 2023: The BSR’s first strategic plan was published, setting out its objectives for the three-year period from April 2023 to March 2026.
• April 2024: The BSR began inviting Principal Accountable Persons (PAPs) to submit safety case reports – with a requirement to do so within 28 days of being called upon.
• January 2026: The BSR was separated from the HSE to become a standalone body sponsored by Ministry of Housing, Communities and Local Government.
• March 2026: The BSR published its second strategic plan, setting out its objectives from 1 April 2026 to 31 March 2027.

I’m a Principal Accountable Person (PAP) for a high-risk building. Should my building be registered with the Building Safety Regulator?

Yes. It is a criminal offence for a higher-risk building to be unregistered with the Building Safety Regulator, so if you become aware that a building you manage is unregistered, you should register it with the BSR without delay.

I’ve received a letter from the Building Safety Regulator. What should I do next?

If you’ve received a letter from the BSR, there’s plenty we can do to help.

Get in touch with our Residential Property experts so we can point you in the right direction.

INSIGHTS DISCLAIMER

Please be advised that this is an update which we think may be of general interest to our wider client base. The insights are not intended to be exhaustive or targeted at specific sectors as such, and whilst we naturally take every care in putting our articles together, they should not be considered a substitute for obtaining proper legal advice on key issues which your business may face.