Sarah Elliott
- Partner
- Construction
Building Safety: what to expect in 2026
January brings an opportunity to look to the year ahead and building safety is set to remain in the spotlight. Set out below are some key developments to look at.
1. Gateway 2 progress
Early indications are that the operational changes to the Building Safety Regulator (BSR) made in the latter half of 2025 are showing signs of cutting through the well-publicised Gateway 2 delays. Statistics released by the BSR at the end of December suggest positive momentum and welcome process efficiencies.
News that the BSR is now accepting staged applications for new higher-risk buildings (read more here), helpful guidance published by the CLC and a more collaborative approach from the BSR are widely expected to speed up construction.
2. Re-definition of higher-risk buildings not required
Further positive news for the industry is that following a review, the BSR, supported by the Ministry of Housing, Communities and Local Government (MHCLG) has concluded that “there is insufficient evidence to suggest that changes should be made at this time” to the definition of higher-risk buildings (HRBs). This is a welcome development for the industry as it avoids potential for further disruptive change.
The review was one of the recommendations of the Grenfell Tower Inquiry and took into account a wide range of matters including the capability and capacity issues of the BSR and the wider building control sector, and the challenge of introducing “vulnerability” as a criteria directly into legislation when considering which categories of building should be subject to the requirements of the higher-risk regime.
The BSR did, however, commit to an on-going annual risk-based review of the HRB definition and there will be a general review of the Building Safety Act in 2027, the five-year mark since the legislation was enacted.
3. Building control review
The Independent Panel headed by Dame Judith Hackitt is due to report in 2026 on whether it is in the public interest for the private sector to be involved in building control.
A key finding of the Grenfell Tower Inquiry was that building control was often regarded as a source of advice and that building control bodies preferred to co-operate with applicants to enable approvals rather than adopt an enforcement approach.
Given the very real concerns of overall capacity and pressures within the building control sector as a whole and the desire to deliver new housing at speed it will be interesting to see where this review lands.
4. Regulation of fire engineers
We do know that the fire engineering profession is set to be regulated and detailed implementation options will be developed and consulted on in 2026.
Accreditation apprenticeships and university education are likely to be the main route into the profession with mandatory registration and continuing professional development requirements to follow.
Architects, civil, structural and building services engineers, and fire risk assessors are also likely to be required to hold appropriate fire safety competency in relation to their discipline.
5. Construction products regulation
A white paper is expected in the spring which will set out Government’s proposals for long-term reform of the construction products sector. This will be a pre-cursor to new regulation of construction products intended to provide assurance that construction materials being used have been tested correctly and that information provided by manufacturers is accurate and not misleading.
6. Single construction regulator
The transfer of the BSR away from the HSE to a non-departmental body sponsored by MHCLG takes place in 2026. This is part of the move towards a single construction regulator which will eventually take over the functions of the BSR.
Although the introduction of the single construction regulator is not expected until 2028, industry can help shape the design on the future regulatory system.
Government’s proposals for the proposed regulator, integrating regulation of buildings, products and building professionals, can be found in the single construction regulator prospectus published just before Christmas. The consultation is open until 20 March 2026.
7. Vulnerable people
Coming into force on 6th April 2026, The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 mandate the use and review of Residential Personal Emergency Evacuation Plans (PEEPs) for residents with disabilities or impairments in buildings containing 2 or more domestic premises which are:
- At least 18 metres/contain 7 stories; or
- More than 11 metres in height and have a simultaneous evacuation strategy.
These plans will identify equipment and adjustments to aid their fire safety and evacuation.
8. Second staircase
The requirements for a second staircase for new residential buildings in England that are over 18 metres in height come into effect on 30 September 2026.
Transitional arrangements mean that projects that receive building regulations approval before 30 September 2026 and are “sufficiently progressed” by 30 March 2028 can proceed without a second staircase.
9. Building Safety Levy
The new Building Safety Levy to be charged on new residential developments requiring building control approval in England (regardless of height) will come into effect on 1 October 2026.
Purpose built student accommodation (save where the development has fewer than 30 bed-spaces), build-to-rent schemes and retirement homes (but not hotels) will also be within scope. Care homes, NHS hospitals and other community-based facilities are exempt, together with developments of fewer than 10 units.
10. Building Safety in the courts
2026 will also see continued activity in relation to cladding and BSA related disputes. We will post updates of the significant decisions. For example, the Supreme Court is due to hear appeals in two judgments in relation to whether costs incurred prior to the BSA coming into effect can be recovered under the relevant provisions of the BSA – Stratford Village Development v Triathlon Homes and Adriatic v Hippersley. The Court of Appeal is also due to hear the appeal in the case of Almacantar Centre Point v De Valk which raises fundamental issues relating to the leaseholder protections in relation to cladding remediation work.
For further information see our 2025 case rundown.
Summary
2026 promises to be a busy year for building safety with plenty of activity still ahead. However, after the significant backlog of Gateway 2 applications which dominated the headlines in 2025, the pressure on the regulatory system now seems to be easing, and we expect this positive momentum to continue in 2026.
This article is for general information purposes only and does not constitute legal advice or a comprehensive statement of the law. Specific legal advice should always be sought in relation to individual circumstances.
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