Latest developments under the Building Safety Act 2022 – Q2 2026 update

1. Categorisation of Higher Risk Building Work

On 26 March 2026 the government launched a consultation focused on category A works to existing higher-risk buildings, where all such works currently require Building Safety Regulator (BSR) approval at Gateway 2 before starting. Category A works are the more complex projects, while category B works are simpler and require less documentation. However, the system has been under strain, with more category A applications than expected, around 2,000 non‑cladding applications, prompting calls for a more proportionate, risk-based approach that reflects the scale and complexity of the work. The delays at the BSR are well documented.

To address this, the consultation proposes two options. The first would reclassify most work within individual flats as category B, while retaining category A status for critical elements such as fire safety systems, structural components, and external or communal areas. The second option builds on this by also excluding small-scale works in communal areas (defined by limited duration, workforce, and risk) from stricter oversight. The consultation also explores introducing competent persons schemes for certain category B works and suggests that, in the longer term, some lower-risk works could be removed from BSR oversight altogether and transferred to other building control bodies.

The consultation closed on 28 May 2026 and the feedback is currently being analysed.

2. Building Safety Regulator 1 Year Plan

On 31 March 2026 the BSR published its strategic plan for 2026 – 2027 which includes the target of getting Gateway 2 applications for new buildings and cladding remediation within the statutory timeframe. Alongside this timeframe, they are aiming for an application approval rating for Gateway 2 of 65%. The BSR is also aiming to learn lessons from Gateway 2 to ensure that they can be applied to Gateway 3 applications and that their procedures run smoothly. Lastly, the BSR says it will review the approved documents that accompany the building regulations, as well as undertaking what it calls a "fundamental review of guidance to the building regulations."

The BSR is expected to publish a 3 year plan in 2027.

3. Consultation on the UK's new product safety framework

Also on 31 March 2026, the government published its consultation on product safety reform. The consultation highlights recent safety incidents involving products such as e-bike batteries and children’s items, exposing weaknesses in the UK’s outdated product safety regime, specifically around online marketplaces and overseas sellers. A key issue is the lack of clear accountability across the supply chain, prompting proposals to modernise the framework for the digital age while maintaining a level playing field for compliant UK businesses.

The proposed regime would introduce consistent baseline safety requirements for most consumer and business products, alongside updated safety assessment criteria reflecting modern risks such as AI, cybersecurity and vulnerable users. While retaining the existing definition of a “safe product”, the reforms would expand considerations and rely on updated standards, guidance and codes of practice to improve clarity, enforcement and overall product safety. The consultation closed on 23 June 2026.

4. Building regulations approval procedure

The government is also consulting on changes to building regulations considering the introduction of stronger building control procedural requirements for new homes and some existing dwellings. The aim is to strengthen fire safety oversight and ensure consistency between local authority and Registered Building Control Approver (RBCA) processes. The proposals also aim to prevent developers from bypassing stricter checks or avoiding the upcoming Building Safety Levy by using the building notice route. Under the changes, all new dwelling applications via local authorities would require full plans, while RBCA applications would need mandatory plans certificates for certain projects. The consultation also considers aligning requirements for consulting fire and rescue authorities across both routes. It closed on 11 June 2026, with any changes expected to take effect from 1 October 2026.

5. Building Safety (Wales) Act 2026

The Building Safety (Wales) Act 2026 ("the Act") was given Royal Assent and became law on 27 April 2026. It establishes a new statutory building safety regime for Wales focusing on the occupation and management phase of residential buildings. The regime is broader in scope than the Building Safety Act 2022 in that it applies to a wider range of residential buildings regardless of height. For example, parts of the regime will apply to buildings below 11 metres and fewer than 5 storeys and some Houses in Multiple Occupation (HMOs) are also brought within scope.

The Act introduces a statutory duty holder regime with Accountable Person (AP) and Principal Accountable Person (PAP) roles similar to that in England, but operating within a broader regime. A Building Safety Authority will be established, although Wales has elected for this to be delivered through designated local authorities. Secondary legislation and guidance will follow, with phased commencement expected from 2027.

The design and construction phase is proposed to be implemented through the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 and The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025. These regulations are set to come into force on 1 July 2026.

From 1 July 2026 a new duty holder regime will apply. This will be set out in a new Part 2B of the Building Regulations 2010 and largely mirrors the approach in England.

• The duty holder and competence regime will apply to all "building work" (including work to HRBs) with only limited exceptions.
• The duty holder roles align with CDM duty holder roles, aiming to ensure clear responsibility for compliance with building regulations.
• HRB building control approval applications, similar to Gateway 2, will be a "hard stop" point where it will be an offence for the duty holders to start work without approval.
• Once building control approval has been granted, in line with existing practice, notice to the building control authority is required before starting work on site.
• There is the requirement to maintain a golden thread of information.

Transitional arrangements are expected to apply.

6. Remediation Bill

First proposed in the December 2024 Remediation Acceleration Plan, and with further details provided in the July 2025 Update to the Plan, the Remediation Bill has been included as part of the legislative programme in the King's Speech on 13 May 2026.

The Bill will introduce a legal duty to remediate, and it is likely to include:

• Statutory deadlines for remediation.
• Criminal sanctions for non-compliance.
• Expanded powers for local authorities and the Building Safety Regulator (BSR) to enforce action.

The government has indicated that the Bill will make construction product manufacturers pay towards the cost of remediation by "fixing long-standing gaps in the law". It is promised that, for the first time, "developers, contractors and others who have paid to make buildings safe will be able to properly pursue manufacturers, rather than being blocked by technical legal barriers".

The briefing notes to the King's Speech indicate that the Bill will also mandate how external wall assessments are carried out (to ensure a nationally consistent approach), and introduce an 11-18m register to identify all remaining buildings requiring remediation work.

7. Commercial Payments Bill

The Commercial Payments Bill (referred to as the Small Business Protections (Late Payments) Bill in the King's Speech) was introduced to Parliament on 19 May 2026 and aims to tackle late payments between businesses and improve the flow of cash through supply chains. It introduces statutory maximum payment terms of 60 days (with limited exemptions) and mandates interest on late payments at 8% above the Bank of England base rate. New, stronger powers will be given to the Small Business Commissioner and new reporting requirements imposed on larger businesses. It also includes a proposed ban on retention clauses in construction contracts.

The question of whether to ban the practice of payment retentions has been debated for decades. In the latest consultation there was clear consensus (87%) on the need for reform but less agreement as to the form that should take. The government has opted for the outright ban option. 

The initial draft provides for a two year period of adjustment before the ban takes effect with a further year before existing clauses cease to be effective. For unauthorised retentions, there is also provision for a fixed penalty of £40 or 50% of the retained sum, whichever is the higher.

The hope is of course that the Bill will improve cashflow in the supply chain and lead to a reduction in the number of insolvencies in the construction sector.

8. Call for evidence: Strategy for the built environment professions, trades and occupations

On 20 May 2026, the government issued a public call for evidence seeking detailed information about the challenges impacting how people and organisations work across the built environment sector, with a particular focus on skills, behaviours and accountability. The outcomes of this exercise will inform development of a new strategy for the built environment professions, trades and occupations. The consultation runs until 12 August 2026.

DAC Beachcroft has a dedicated building safety team with extensive experience advising all stakeholders on how best to prepare for, manage and mitigate the implications of the Building Safety Act and associated legislation. As well as proactive advice on how the legislation affects commercial interests, we help our clients navigate the risks in procurement and contract management, legacy claims, extended exposures under the Act, construction products, commercial disputes and insurance issues. We also offer bespoke training on how the Building Safety Act impacts across the industry.