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Latest developments under the Building Safety Act 2022 – Q1 2026 update

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By Harriet Hawkins & Mark Roach

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Published 26 March 2026

Overview

In this quarterly update, we aim to summarise the latest publications and round up developments in Building Safety news since our December 2025 update.

 

Single construction regulator

On 17 December 2025 the government published The Single Construction Regulator Prospectus: Consultation Document which sets out the government's plans for a new regulator - one of the recommendations of the Phase 2 Report of Grenfell Tower Inquiry - to bring together standards across buildings, products and professionals in the construction sector. 

The consultation closes on 20 March 2026 with a full response being published in summer 2026.

 

Consultation on PAS9980 standard closed

On 31 December 2025 the consultation on the PAS9880 Standard which covers Fire Risk Appraisals of External Walls and Cladding of Flats closed. The authors of the original PAS are considering how it has been used and whether, for example, further information should be provided as to how "…risk…" should be defined. It is not clear when or if any amendments will be made public, but industry commentary suggests updated guidance is expected in 2026.

 

Transfer of functions from the HSE to the BSR

The transfer of the Building Safety Regulator ("BSR") out of the Health & Safety Executive ("HSE") is said to be the first step towards implementing a single construction regulator. New regulations came into force on 27 January 2026 which transferred the functions of the BSR from the HSE to a new arm's-length body sponsored by the Ministry of Housing, Communities and Local Government ("MHCLG"). 

The BSR is now described as executive non-departmental public body, sponsored by MHCLG It regulates higher-risk buildings and improves competence across the whole built environment, raising safety standards for all buildings in England. 

 

Gateway 2 approvals

New Gateway 2 guidance (updated in December 2025) has been published by the Construction Leadership Council. On 25 February 2026, shared its latest transparency data detailing the progress of Gateway 2 applications between December 2025 and February 2026. Approval decisions for remediation applications saw a slight increase to 48%. Around 86 remediation decisions have been made since December 2025, and 77 new cases received. There are still 279 live remediation cases with the BSR and an improvement plan to improve efficiency and timeliness of these applications is expected to be published in the coming weeks. The backlog of legacy 'new build' applications has been reduced to 3, with 18 long-term applications with “significant technical challenges” that have been moved into a new complex case process.

 

Construction Products Reform White Paper

On 25 February 2026 the government published the Construction Products Reform White Paper seeking views on a package of proposals for reform of the construction products regime. Alongside this consultation, the government has also published a consultation on general safety requirement for construction products and a summary of responses to the consultation on the Construction Products Reform Green Paper.

 

Grenfell Tower Inquiry – Government Annual Report: February 2026

The first Annual Report on the government’s progress in implementing the Grenfell Tower Inquiry Phase 2 recommendations was published on 25 February 2026. The report demonstrates that 12 of the 61 recommendations made in the Inquiry's Report have been completed in the last 12 months, including publication of the Single Construction Regulator Prospectus and secondary legislation to make changes to the Building Safety Regulator and establish a new body.

Following this Annual Report, the government intends to publish a progress report each quarter (May, September and December) in 2026.

 

Fire safety evacuation plans

The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 come into force on 6 April 2026. The regulations will apply in England only and will require the Responsible Person to produce personal emergency evacuation plans (PEEPs) for residents in buildings between 11–18m whose ability to evacuate the building without assistance in the event of a fire is compromised as a result of a cognitive or physical impairment or condition. 

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.

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