The Building Safety Act 2022 Four Years On. What Has Changed for UK Construction?

It has now been over four years since the Building Safety Act 2022 received Royal Assent. What began as a regulatory response to the Grenfell Tower tragedy which claimed 72 lives in 2017 has evolved into a live and complex regulatory framework that is reshaping how construction projects are procured, managed, and delivered across the United Kingdom.

If you work within the UK construction industry, it is likely that you are aware of or have already felt the impact of the Act.

The introduction of the Building Safety Regulator, the new gateway approval system for higher-risk buildings, and the shifting landscape of contractual liability have all fundamentally changed how the industry operates. The pace of change has been relentless, and 2026 is shaping up to be another pivotal year.

In this blog, I want to look at what the Building Safety Act has achieved so far, where the industry has got it right, where there is still room for improvement, and what the future holds as the regulatory landscape continues to evolve.

What the Building Safety Act Set Out to Achieve

The Building Safety Act 2022 was introduced to address the systemic failures exposed by the Grenfell Tower tragedy. Its core objectives were clear:

• Establish a new regulatory framework, the "Gateway System" for higher-risk buildings

• Set clear legal responsibilities and establish the "duty holder" regime to identify the responsibilities of those commissioning, designing, and constructing building work

• Introduce mandatory competence requirements for professionals and organisations working on buildings

• Protect qualifying leaseholders from costs relating to the rectification of historical defects

• Introduce statutory rights of action against developers, contractors, and manufacturers of defective construction products

• Extend liability periods for claims

The Act also sought to change the culture within the property and construction industries moving away from poor oversight and inconsistent standards towards a much greater emphasis on compliance, transparency, and accountability.

The Gateway System – A Fundamental Shift

Perhaps the most significant operational change introduced by the Act is the gateway system for higher-risk buildings. The three gateways are planning, pre-construction, and post-construction, each requiring increasingly robust evidence to demonstrate safety and compliance.

Gateway 2.  The Pre-Construction Hurdle

Gateway 2 has been the most challenging for the industry. This is the point at which the Building Safety Regulator (BSR) must approve building control applications for higher-risk buildings before construction can proceed. The requirement marks a fundamental shift in how higher-risk building projects must be designed and presented, bringing an end to the long-established practice of developing safety-critical elements during the build.

The early years of the regime were marked by significant delays.

Between October 2023 and March 2025, the average time to obtain Gateway 2 approval was nine months which was three times the planned 12-week statutory timeframe.

In December 2025, a government inquiry concluded that delays caused by the BSR were unacceptable and risked causing the government to miss its target of building 1.5 million homes by 2029.

For developers, the delays were crippling. Decisions that were supposed to take 12 weeks were taking months and in some cases, more than a year. This put a huge brake on the housing market, with London's housing delivery described as being in "major crisis".

Planning timescales continued to lengthen, with some decisions taking 12 to18 months, creating deep uncertainty and leaving construction resources idle for extended periods.

The industry and the regulator were, at times, seemingly at war with each other.

Signs of Improvement

However, there are now signs that the situation is improving. In June 2025, the government announced reforms to how the BSR operates, including the establishment of a new fast-track "Innovation Unit" to handle new-build higher-risk building applications.

The results are starting to show. Statistics published in late 2025 showed that the number of 'legacy' cases had dropped from 94 at the end of September to just 40 by 22 December 2025.

By February 2026, the waiting time for Gateway 2 approval for new schemes had reduced to approximately 13 weeks.

The BSR's Gateway 2 update in January 2026 showed that overall decisions continued to rise, with 698 decisions across all application types in January following a final quarter of 2025 saw the highest number of decisions since BSR commenced operations, with a 250%+ increase compared to earlier in the year.

Mark Reynolds, Executive Chair of Mace Group and Chair of the Construction Leadership Council, noted:

"Over the last twelve months we've seen a very tangible shift in how BSR has worked with the Construction Leadership Council and developers across the country, and the result has been a more effective process, enabling safer buildings to be commissioned and delivered faster".

Gateway 3 – The Next Challenge

While Gateway 2 is showing signs of improvement, attention is now turning to Gateway 3 post-construction approval that must be obtained before a building can be occupied.

Data published in January 2026, based on 201 applications submitted for Gateway 3 approval between Q2 2024 and Q1 2026, showed that only 35 were approved within the statutory three-month timeframe, while 57 were approved after three months. Gateway 3 approval is supposed to be within eight weeks.

This is a significant concern. Some completed homes are already sitting empty, unable to be signed off for occupation, with significant financial repercussions.

The industry is now preparing for the full impact of Gateway 3 to "bite" much harder in the coming year.

The Building Safety Regulator. From HSE to Standalone Body

One of the most significant developments in 2026 has been the transition of the Building Safety Regulator from the Health and Safety Executive to a standalone organisation.

On 27 January 2026, the BSR officially moved to an ‘arm's-length’ body under the Ministry of Housing, Communities and Local Government. The move was underpinned by The Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026, which conferred the functions of the Health and Safety Executive as the building safety regulator on the new body.

Lord Roe, Chair of BSR, described it as

"a decisive and important step in strengthening building safety and a milestone that marks our evolution into a standalone regulator".

He added:

"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".

The move is part of the journey towards a single construction regulator a key recommendation of the Grenfell Tower Inquiry.

The government's progress report in May 2026 confirmed that the new BSR body is legally established, with the Single Construction Regulator Prospectus consultation closed and the government response expected in 2026.

Primary legislation to establish the single regulator is expected between 2027 and 2029, with implementation and transition beginning in 2028 to 2029.

Charlie Pugsley, Acting Chief Executive Officer of BSR, set out the new body's ambition:

"Our mandate extends far beyond high-rise oversight to a broader responsibility for safety and standards across buildings in England. By driving professional competence and refining regulatory guidance, we can ensure a holistic approach that spans from initial design through to lifelong building management".

What Has Gone Right

Despite the challenges, there have been significant achievements.

1. A New Culture of Accountability

The Act has fundamentally shifted the culture of the construction industry. Before Grenfell, the industry was often criticised for poor oversight and inconsistent standards. Today, there is a much greater emphasis on compliance, transparency, and accountability. The courts have reinforced these principles, making it clear that developers and related entities are expected to bear the financial responsibility for remedying defects, rather than passing those costs onto leaseholders.

2. Growing Industry Understanding

2025 marked a period of consolidation for building safety. The new regime became more embedded, processes were refined, and compliance strengthened across the sector. Four years after enactment, most firms have developed a good understanding of the fundamental changes brought about by the BSA. The government has published and collated more user-friendly materials to support compliance.

3. Improved Regulatory Performance

The operational reforms to the BSR – including the Innovation Unit and increased staffing – are having a tangible impact. Gateway 2 approval times have reduced dramatically, from an average of nine months to approximately 13 weeks. The backlog of legacy cases has been substantially cleared.

4. Legal Clarity on Liability

The courts have provided important clarity on how the Act operates in practice. The Supreme Court's decision in URS Corporation Ltd v BDW Trading Ltd [2025]

UKSC 21 provided clarity on how developers can use the BSA and the Defective Premises Act 1972 to pursue their supply chain.

The Court of Appeal confirmed that key provisions of the Act, including Remediation Contribution Orders, apply retrospectively.

5. Progress on Construction Products Reform

The government published its Construction Products Reform White Paper in February 2026, proposing a fundamental overhaul of how construction products are regulated, tested, certified, and placed on the UK market.

This addresses a critical gap exposed by the Grenfell Inquiry.

Where There Is Still Room for Improvement

While progress has been made, significant challenges still remain.

1. Contractors Are Caught in the Middle

One of the most concerning trends is the shifting of BSA related risk down the supply chain. Clients are actively looking to push compliance risk onto contractors, with compliance frequently treated as a standalone contractor obligation rather than as part of a wider, interdependent chain.

Gateway delays or refusals are frequently characterised as contractor risks, despite being influenced by third-party design inputs, client decisions, and regulatory processes outside of the contractor's control. Contractors are increasingly asked to take the risk of obtaining gateway approval based entirely on statutory or assumed timeframes for the regulator to give its approval.

This is creating significant commercial pressure, particularly given that the average time to reach a Gateway 2 decision in the 12 weeks to 1 May 2026 was 35 weeks – far longer than the statutory target of 12 weeks.

2. Small Firms Are Being Left Behind

SMEs make up 99% of the construction industry, yet only 39% of micro and small companies are aware of the BSA.

Duty holder confusion persists, and there is a significant competence versus action gap. 70% of individuals believe they meet the required skills, knowledge, experience, and behaviour standards, but under half have been formally assessed.

The number of Building Control officers has plummeted, leaving the industry with a serious resource problem, including a significant shortage of experienced building inspectors. This is an existential challenge that requires urgent attention.

3. The Act Remains Complex and Contentious

The BSA remains both complex and contentious for all parties involved. The volume of case law suggests that the Act is resulting in more alternative dispute resolution, with parties reluctant to set precedent or get entangled in prolonged legal disputes.

It is not yet apparent whether the BSA has provided the comprehensive approach to building and fire safety that was intended.

4. Gateway 3 Delays Are a Growing Concern

While Gateway 2 is improving, Gateway 3, post-construction approval remains a significant bottleneck. Some completed homes are already sitting empty, unable to be signed off for occupation.

The duplication of issues between Gateways 2 and 3 remains a central concern.

5. The Building Safety Levy Adds New Pressure

The Building Safety Levy is due to come into force in England on 1 October 2026. Its purpose is to raise £3.4 billion over ten years to fund remediation of unsafe buildings. The levy will apply to most new residential developments of 10 dwellings or more. This is a new tax on development that will add to the cost and complexity of construction projects.

What the Future Holds

The journey towards a safer built environment is far from complete. Here is what lies ahead:

Second Staircases

From 30 September 2026, all new residential buildings over 18 metres high must have two staircases. This requirement, introduced through amendments to Approved Document B, will fundamentally change the design of tall residential buildings.

The Single Construction Regulator

The government remains committed to establishing a single construction regulator, bringing together all the functions relating to the construction industry. Primary legislation is expected between 2027 and 2029, with implementation and transition beginning in 2028 to 2029.

Ongoing Review of ‘Higher-Risk’ Building Definition

The government has committed to an ongoing annual risk-based review of the higher-risk building definition. A general review of the Building Safety Act is planned for 2027.

Construction Products Reform

The Construction Products Reform White Paper, published in February 2026, proposes extending regulatory coverage to all construction products. This will fundamentally change how construction products are regulated, tested, and certified.

Final Thoughts

The Building Safety Act 2022 has fundamentally reshaped the UK construction landscape.

What began as a regulatory response to tragedy has evolved into a comprehensive framework that is changing how projects are procured, managed, and delivered.

There have been real achievements. A new culture of accountability is emerging. Industry understanding is growing and regulatory performance is improving. The courts are providing clarity on liability. Progress is being made on construction products reform.

But significant challenges remain. Contractors are caught in the middle of a shifting risk landscape and small firms are being left behind. The Act remains complex and contentious and Gateway 3 delays are a growing concern.

The Building Safety Levy adds new pressure.

The journey towards a single construction regulator and a genuinely safer built environment is far from complete.

For construction firms, the message is clear: the Building Safety Act is not going away and compliance is not optional. The firms that embrace the new regime, invest in competence, transparency, and accountability will be best positioned for the future.

Those that do not will find themselves increasingly exposed to regulatory, contractual, and financial risk.

If you require further assistance with any of the topics raised in this post  whether that is understanding your duties under the Building Safety Act, preparing for Gateway 2 or Gateway 3 approvals, reviewing your contractual arrangements, or simply staying up to date with the latest regulatory developments, please get in touch: Yorkshire Health and Safety