Guide to the Building Safety Act (2026 update)
The Building Safety Act represents the most significant reform of building safety legislation in the UK in decades. Now fully in force, with the regulatory regime operational from April 2024 and continuing to evolve through 2025 and 2026, the Act places clear legal responsibilities on those involved in the design, construction, and management of buildings.
Originally introduced following the Grenfell Tower tragedy, the legislation aims to improve safety standards, accountability, and transparency across the built environment. In 2026, the focus has shifted from understanding the legislation to actively demonstrating compliance, particularly for higher-risk buildings (HRMs) and those responsible for managing them.
What is the Building Safety Act?
The Building Safety Act 2022 establishes a new regulatory framework designed to improve the safety of residential buildings, particularly high-rise developments and higher-risk buildings (HRBs). It introduces stricter oversight, clearer accountability, and ongoing compliance requirements across the entire building lifecycle, from planning and construction through to occupation and maintenance. The Act also created a new regulator and introduced a more rigorous approach to building control and safety management.
What are higher-risk buildings (HRBs)?
Higher-risk buildings (HRBs) are central to the Building Safety Act and are subject to the most stringent requirements. A building is typically classified as an HRB if it:
Is at least 18 metres in height or has 7 or more storeys
Contains at least 2 residential units
Or is a hospital or care home meeting the same height threshold
All HRBs must now be registered with the Building Safety Regulator before they can be occupied. They are also subject to ongoing regulatory oversight, including certification and regular safety assessments.
This definition applies primarily in England under the Building Safety Act framework.
The Building Safety Regulator (BSR)
The Building Safety Regulator (BSR) was established to oversee the new safety regime. Since April 2024, the BSR acts as the building control authority for all higher-risk buildings in England, removing the option for developers to appoint private inspectors. The BSR is responsible for:
Approving projects at key gateway stages
Overseeing building control for HRBs
Issuing building assessment certificates
Enforcing compliance and taking action where necessary
This centralised approach represents a major shift in how building safety is regulated and enforced.
Gateway process and change control
The Act introduces three key “gateway” points that must be passed before a higher-risk building project can progress:
Gateway 1 – planning stage
Gateway 2 – pre-construction approval
Gateway 3 – completion and certification
Once approval is granted, any significant design or construction changes must follow a formal change control process. Certain changes require approval from the Building Safety Regulator before work can continue, ensuring safety is maintained throughout the project lifecycle.
Dutyholders and responsibilities
The Act introduces a clearer dutyholder regime, defining legal responsibilities across key roles throughout the building lifecycle. These include:
Client
Responsible for appointing competent professionals
Ensures adequate resources and oversight are in place
Principal designer
Manages risks during the design phase
Ensures compliance with building regulations
Principal contractor
Oversees the construction phase
Ensures work is carried out safely and in line with regulations
In addition, the Act introduces new roles for occupied higher-risk buildings:
Accountable person (AP)
Responsible for managing building safety risks during occupation
Principal accountable person (PAP)
Holds overall responsibility for the building
Registers the building with the regulator
Applies for building assessment certificates
Maintains the golden thread of information
All dutyholders must demonstrate appropriate skills, knowledge, experience, and behaviours (often referred to as competence requirements).
The golden thread of information
The “golden thread” is now a legal requirement under regulations introduced in April 2024. It refers to a secure, digital record of all safety-critical information about a building, maintained throughout its lifecycle. This includes information from:
Design and planning
Construction
Ongoing maintenance and occupation
The golden thread must be:
Accurate and up to date
Accessible to relevant stakeholders
Secure and digitally maintained
It plays a critical role in demonstrating compliance and ensuring that safety decisions are based on reliable information.
Building assessment certificates (BACs)
Building assessment certificates are a key part of the post-2024 regulatory regime. Issued by the Building Safety Regulator, these certificates confirm that a higher-risk building meets required safety standards.
To obtain a BAC, accountable persons must demonstrate:
Effective management of building safety risks
A complete and compliant safety case report
A functioning golden thread of information
Certification is not a one-off process, buildings may be reassessed, reinforcing the need for continuous compliance.
Key changes introduced by the Act
The Building Safety Act introduces several major changes to how building safety is managed. These include:
Stronger regulatory oversight through the BSR
A more stringent building control regime for HRBs
Clear accountability across the building lifecycle
Mandatory reporting and safety case requirements
Enhanced resident engagement and transparency
Together, these changes aim to create a more proactive and accountable safety culture across the construction and property sectors.
Penalties and liability
The Act introduces significantly stronger enforcement powers. Failure to comply can result in:
Unlimited fines
Criminal prosecution
Imprisonment in serious cases
It also extends the limitation period for claims related to defective construction, increasing long-term liability for developers and contractors. Responsibility applies to both organisations and individuals, reinforcing personal accountability.
Practical steps to comply with the Building Safety Act in 2026
To meet current requirements, organisations should take a proactive and structured approach to compliance:
Register all higher-risk buildings with the Building Safety Regulator
Prepare and maintain a robust safety case report
Implement and maintain a compliant golden thread system
Clearly define dutyholder and accountable person responsibilities
Ensure competence across the supply chain
Establish systems for reporting and managing safety risks
Compliance is now an ongoing process rather than a one-time requirement.
Common compliance risks to avoid
Even experienced organisations face challenges when adapting to the new regime. Failing to address these risks can lead to delays, enforcement action, and increased liability. Common risks include:
Failing to understand HRB classification requirements
Incomplete or inaccurate safety information
Weak coordination between dutyholders
Insufficient evidence of competence
Addressing these risks early can help prevent delays, enforcement action, and reputational damage.
What to expect beyond 2026
The Building Safety Act framework will continue to evolve as regulators refine requirements and increase enforcement activity. Future developments are expected to include:
Ongoing review of higher-risk building definitions
Increased regulatory scrutiny and inspections
Further updates to fire safety standards
Greater emphasis on resident engagement
Organisations should treat compliance as a continuous responsibility and remain prepared for further changes.