The most significant
change to
building safety law
in a generation.

The Building Safety Act 2022 received Royal Assent on 28 April 2022. Together with regulations made under it, the Act introduced a new framework for building safety regulation, dutyholder accountability and the management of building information. Key elements of the regime were brought into force in stages during 2023 and 2024.

These requirements are established by legislation. Supporting guidance explains how the regime operates but does not replace the legal duties.

How the law got here
  1. 1984
    Building Act 1984
    The enabling framework for building control in England and Wales.
  2. 2017
    Grenfell Tower fire
    The fire at Grenfell Tower in London on 14 June 2017.
  3. 2018
    Independent review reports
    Dame Judith Hackitt finds the regulatory system not fit for purpose.
  4. 2022
    Building Safety Act 2022
    Royal Assent on 28 April 2022.
  5. 2023
    Dutyholder regime in force
    Five statutory roles, and Gateways 2 and 3 for higher risk buildings.
  6. 2026
    BSR leaves the HSE
    The Building Safety Regulator becomes a standalone public body sponsored by MHCLG, on 27 January 2026.
What changed

Six structural reforms to understand

The Building Safety Act 2022 contains 171 sections and 11 schedules. Together with regulations made under it, the Act introduced substantial changes to building safety and building control in England. These are the six reforms with the greatest practical relevance to architects, engineers and building control professionals.

Reform 01

The Building Safety Regulator

The Building Safety Regulator is the building control authority for higher-risk building work and oversees building control bodies and registered building inspectors in England.

Originally established within the Health and Safety Executive, BSR became a standalone executive non-departmental public body sponsored by the Ministry of Housing, Communities and Local Government on 27 January 2026. It has statutory investigation, enforcement and sanctioning powers within its regulatory remit.

Reform 02

Building Regulations dutyholders

The Building Regulations identify five dutyholder roles: Client, Designer, Contractor, Principal Designer and Principal Contractor. Principal dutyholders must be appointed where a project involves more than one designer or contractor.

Each dutyholder must plan, manage and monitor the work within their control so that it complies with the applicable Building Regulations. A dutyholder may be an individual or an organisation, and the statutory responsibilities remain with the appointed dutyholder.

Reform 03

Competence requirements

Anyone carrying out design or building work must have the necessary skills, knowledge, experience and behaviours. Organisations must also have the organisational capability to perform their functions properly.

Clients must take reasonable steps to appoint competent people, while Principal Designers and Principal Contractors must assess the competence of those they engage. Professional registration alone does not establish competence for every role or project.

Reform 04

A stricter higher-risk building process

For higher-risk building work, BSR acts as the building control authority. The regime introduces statutory hold points before construction begins and at completion, commonly described as Gateways 2 and 3.

Work must not begin without the required building control approval. Controlled changes must be recorded, and certain major changes require BSR approval before they are implemented.

Reform 05

The golden thread and change control

Higher-risk building projects must maintain a digital record of the information needed to understand the building and demonstrate how the work complies with the Building Regulations.

This “golden thread” must be accurate, accessible, secure and kept up to date. The regime also introduces formal change control, information handover and mandatory occurrence reporting requirements. These obligations do not apply identically to every building project.

Reform 06

Accountability during occupation

Occupied high-rise residential buildings must be registered with BSR and have an identifiable Principal Accountable Person.

Accountable Persons must assess and manage risks arising from structural failure and the spread of fire. Their responsibilities include maintaining prescribed building information, operating a mandatory occurrence reporting system and, where applicable, preparing a safety case report and resident engagement strategy.

The three gateways

Three stages of scrutiny in England’s building safety regime

The gateways do not have identical scopes. Planning Gateway One applies to developments involving relevant high-rise residential buildings and educational accommodation. Gateways Two and Three apply to higher-risk building work overseen by the Building Safety Regulator.

01 Planning requirement
Gateway One

Planning

In force since 1 August 2021

What it covers
Fire safety matters relevant to land use planning for developments involving a relevant building.
What is required
A fire statement must accompany relevant planning applications. It explains the fire safety approach to matters including site layout, emergency vehicle access, firefighting water supplies and relevant planning policies.
Who decides
The local planning authority decides the application. The Health and Safety Executive is a statutory consultee.
When it applies
During the planning process, before planning permission is granted.
02 Building control hold point
Gateway Two

Building control approval

In force since 1 October 2023, subject to transitional provisions

What it covers
Building control approval for proposed work to a higher-risk building before that work begins.
What is required
The application includes detailed plans and drawings, a Building Regulations compliance statement, change control and construction control plans, a competence declaration, fire and emergency information and a mandatory occurrence reporting plan. Additional documents may be required depending on the work.
Staged applications are possible, but each stage must be approved before work on that stage starts.
Who decides
The Building Safety Regulator.
When it applies
Before relevant building work, or an approved stage of that work, begins. Carrying out work without the required approval is a criminal offence.
03 Building control hold point
Gateway Three

Completion

In force since 1 October 2023, subject to transitional provisions

What it covers
The application for a full or partial completion certificate after the approved building work has been completed.
What is required
The latest agreed plans and project control documents, the change control log, compliance declarations from the Principal Designer and Principal Contractor, the client’s confirmation statement and confirmation that the required building information has been handed over.
Who decides
The Building Safety Regulator decides whether to issue the completion certificate. Where the residential occupation regime applies, the Principal Accountable Person must then register the building separately.
When it applies
At completion. Residential occupation must not begin until the relevant completion certificate has been issued and the building has been registered.
Scope

What is a higher-risk building?

The Building Safety Act 2022 and associated regulations establish a more stringent regulatory regime for specified higher-risk buildings in England. The definition differs between the design and construction phase and the occupation phase.

The Building Regulations dutyholder and competence requirements apply more widely to building work, not only to higher-risk buildings. The additional building control process, including Gateways Two and Three, the Building Safety Regulator’s role as building control authority and the statutory golden thread requirements, applies specifically to higher-risk building work.

The threshold, both phases

At least 18 metres high or at least 7 storeys

Height or storeys alone is never enough. The building must also meet the use criterion for the phase in question.

18m 7 storeys

Design and construction

The building must meet the height or storey threshold and a use criterion.

Use criterion
  • At least 2 residential units
  • A care home
  • A hospital

Student accommodation can fall within the definition where it contains at least two residential units and meets the height or storey threshold.

Excluded
  • Hotels
  • Secure residential institutions
  • Military barracks

Applies to buildings used entirely for these purposes. Specific exclusions also apply to certain Ministry of Defence accommodation.

Occupation

The building must meet the height or storey threshold and contain at least two residential units.

Use criterion
  • At least 2 residential units

Includes qualifying existing buildings as well as newly completed ones. Student accommodation, supported accommodation and mixed use developments can fall within the regime where they meet these criteria.

Excluded
  • Care homes
  • Hospitals
  • Hotels
  • Secure residential institutions
  • Military barracks

Applies to buildings used entirely for these purposes. Specific defence related exclusions also apply.

The phases do not match. A care home or a hospital is a higher-risk building during design and construction, but is excluded from the occupation regime.

Whether a building falls within the occupation definition determines whether the higher-risk building regime applies. The identity of an Accountable Person is then determined separately, by reference to ownership and responsibility for repairing the building’s common parts.

Risk exposure

Where compliance process risk can accumulate

In England’s building control and higher-risk building regimes, omissions do not all carry the same consequences. Some create additional review, rework or delay. Others can prevent work from starting, delay completion certification or lead to enforcement action.

This matrix illustrates possible project exposure. It is not a statutory risk classification: the actual likelihood and consequence depend on the building, the work, the project stage and the circumstances of the failure.

Illustrative risk matrix
High and critical exposure

Depending on the failure, possible consequences include application rejection, compliance or stop notices, prosecution, delayed completion certification and, where applicable, delayed occupation.

Elevated exposure

Likely project consequences include further information requests, resubmission, rework, delay and greater difficulty demonstrating how requirements have been addressed.

How ClearRegs can reduce process risk

A structured register linking applicable requirements to responsibilities, decisions, evidence, changes and review points can help teams identify omissions earlier and maintain a clearer record for review.

ClearRegs supports this process. It does not determine compliance, prevent enforcement or guarantee building control approval.

Accountability

The dutyholder roles

The Building Regulations 2010, as amended in 2023, establish five dutyholder roles for building work in England: Client, Designer, Contractor, Principal Designer and Principal Contractor.

The regime applies broadly to building work controlled under the Building Regulations, not only to higher-risk buildings. Additional requirements apply where the work involves a higher-risk building.

The three roles with overarching responsibility for coordinating the project are outlined below.

01

The Client

The person or organisation for whom the design and building work is carried out. The Client must make suitable arrangements for planning, managing and monitoring the project so that the work complies with the applicable Building Regulations.

Where more than one designer or contractor is involved, the Client must appoint a competent Principal Designer and Principal Contractor in writing.

Duties
  • Put suitable project management arrangements in place.
  • Allocate sufficient time and resources.
  • Take reasonable steps to appoint competent designers and contractors.
  • Provide relevant building information and enable cooperation between dutyholders.
  • Make the notifications and declarations required by the building control process.
Higher-risk building work only

Manage the building control approval process and put arrangements in place for the golden thread of information.

02

The Principal Designer

The designer appointed by the Client to control the design work. The Building Regulations Principal Designer coordinates compliance with the Building Regulations; this is distinct from the health and safety role of the Principal Designer under CDM 2015.

The same person or organisation may perform both roles, but the Client must confirm the appointments and ensure that the appointee is competent for each role.

Duties
  • Plan, manage and monitor the design work.
  • Coordinate design matters so that the design, if built, would comply with the applicable Building Regulations.
  • Take reasonable steps to ensure that designers fulfil their duties.
  • Coordinate cooperation and the exchange of information between designers, the Client and the Principal Contractor.
  • Confirm at completion that the Principal Designer’s duties have been fulfilled.
Higher-risk building work only

Operate mandatory occurrence reporting arrangements, and store and share prescribed golden thread information.

03

The Principal Contractor

The contractor appointed by the Client to control the building work. The Principal Contractor coordinates the construction phase so that the work complies with the applicable Building Regulations.

This role is distinct from the Principal Contractor role under CDM 2015, although the same competent person or organisation may hold both appointments.

Duties
  • Plan, manage and monitor the building work.
  • Coordinate contractors and building work to support compliance with the applicable Building Regulations.
  • Take reasonable steps to ensure that contractors fulfil their duties.
  • Assess the work and refuse to accept work that does not comply.
  • Liaise with the Principal Designer and maintain the necessary flow of compliance information.
  • Confirm at completion that the Principal Contractor’s duties have been fulfilled.
Higher-risk building work only

Operate mandatory occurrence reporting arrangements, and store and share prescribed golden thread information.

Domestic projects

Accountability still applies to extensions and refurbishments

A homeowner commissioning work to their own home, or the home of a family member, for purposes unrelated to a business is a Domestic Client.

Where the work is subject to the Building Regulations, the dutyholder regime still applies. A domestic project is not exempt simply because it is small or does not involve a higher-risk building.

What the homeowner does

The Domestic Client keeps a short set of duties of their own.

  • Appoint designers and contractors.
  • Cooperate with the project team.
  • Provide relevant information they hold or could reasonably obtain, such as existing drawings, surveys and records of previous work.
  • Allow the project sufficient time and resources to achieve compliance.

Who carries the client duties

Most compliance management functions pass to the professional team. Which route applies depends on how the project is set up.

One contractor
That contractor carries out the specified client duties.
More than one contractor
The Principal Contractor normally carries out those duties.
By written agreement
The Principal Designer can carry them out instead, where this is agreed with the Domestic Client in writing.
If no appointments are made
The designer controlling the design work becomes the Principal Designer, and the contractor controlling the building work becomes the Principal Contractor.

Coordination on site

The Principal Designer coordinates design compliance. The Principal Contractor coordinates compliance during construction. Each designer and contractor remains responsible for the work within their control.

In practice

On a residential extension involving an architect, structural engineer, main contractor and specialist trades, the architect may act as the Building Regulations Principal Designer and the main contractor as the Principal Contractor. Recording those appointments clearly avoids uncertainty about who is coordinating each phase.

Domestic describes the client, not the building. Work commissioned by a landlord, developer or other person for business purposes is not treated as a domestic client project.

How ClearRegs helps

How ClearRegs supports the process

ClearRegs helps teams research indexed regulatory sources and maintain a project record of requirements, responsibilities, decisions and supporting evidence.

It supports the work of the project team; it does not perform statutory dutyholder or building control functions.

Professional judgements, competence assessments, statutory declarations and applications remain the responsibility of the relevant people and organisations. ClearRegs does not determine or certify compliance, and its records do not replace the building control process.

Research indexed sources with citations

ClearRegs Search retrieves relevant passages from the sources in its published corpus and produces an answer grounded in that material.

Each answer identifies the source and relevant provision or page so that it can be checked in context.

Where the indexed material does not support a reliable answer, ClearRegs identifies that limitation rather than presenting an unsupported conclusion.

Build a project requirements register

ClearRegs Projects brings the requirements identified for a project into one register, organised across RIBA stages 0 to 7.

For each requirement, record its status, owner, target stage, intended compliance approach, supporting evidence and relevant design information.

ClearRegs stores the project team’s entries. It does not assess whether the design or building work complies.

Record ownership and change history

Assign a named owner to each register item and maintain a timestamped history of changes.

This gives the Client, Principal Designer and Principal Contractor a traceable record of responsibilities, decisions and supporting information.

Assigning an owner in ClearRegs does not create or alter a statutory dutyholder appointment.

Track higher-risk building approval stages

For higher-risk building work, record project progress against the BSR building control approval and completion stages commonly called Gateways 2 and 3.

Register items can be tagged to the relevant approval or completion stage, helping the team identify the information connected with each review point.

ClearRegs does not prepare, approve or submit a Gateway application.

Export the project record

Export a PDF compliance schedule and supporting evidence pack summarising recorded statuses, decisions, evidence references and cited source material.

The export reflects the information entered by the project team, and can support review and handover.

It is not a compliance certificate or statutory approval.

Planned — not yet available

Connect requirements to Revit

A planned ClearRegs plugin for Revit is intended to link project requirements with model elements, keeping the compliance record connected to the design.

This feature is not currently available, and the functionality available today does not depend on it.