OpenLegislation

The Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026

S.I. 2026/20 · Made 7 January 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

BUILDING AND BUILDINGS, ENGLAND AND WALES

Made 7th January 2026

Coming into force 27th January 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 233(1), (2), (3) and (4), 250(1) and 252(1) of the Levelling-up and Regeneration Act 2023f1.

In accordance with section 252(4) and (5)(h) of that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2023 c. 55.

Contents

  1. 1Citation, commencement and extent
  2. 2Interpretation
  3. 3The new regulator
  4. 4Amendments conferring functions on the Building Safety Regulator
  5. 5Transitional and saving provisions
  6. Signature
  7. Schedule 1: The Building Safety Regulator
  8. Part 1: Constitution
  9. 1Membership
  10. 2Terms of appointment of members
  11. 3Remuneration etc. of members
  12. 4Staff
  13. 5Financial provision
  14. 6Committees
  15. 7Procedures
  16. 8Conflict of interests
  17. 9Delegation
  18. 10Members’ interests
  19. 11Accounts
  20. 12Annual report
  21. 13Supplementary
  22. 14General powers
  23. 15Status
  24. 16Secretary of State power to direct
  25. Part 2: Consequential Amendments
  26. 17Amendments to primary legislation
  27. 18Amendments to primary legislation
  28. 19Amendments to primary legislation
  29. 20Amendments to primary legislation
  30. 21Amendments to primary legislation
  31. 22Amendments to secondary legislation
  32. 23Amendments to secondary legislation
  33. 24Amendments to secondary legislation
  34. 25Amendments to secondary legislation
  35. Schedule 2: Further amendments
  36. 1The Health and Safety at Work etc. Act 1974
  37. 2The Health and Safety at Work etc. Act 1974
  38. 3The Health and Safety at Work etc. Act 1974
  39. 4The Health and Safety at Work etc. Act 1974
  40. 5The Health and Safety at Work etc. Act 1974
  41. 6The Health and Safety at Work etc. Act 1974
  42. 7The Health and Safety at Work etc. Act 1974
  43. 8The Health and Safety at Work etc. Act 1974
  44. 9The Building Act 1984
  45. 10The Building Safety Act 2022
  46. 11The Building Safety Act 2022
  47. 12The Building Safety Act 2022
  48. 13The Building Safety Act 2022
  49. 14The Building Safety Act 2022
  50. 15The Building Safety Act 2022
  51. 16The Building Safety Act 2022
  52. 17The Building Safety Act 2022
  53. 18Miscellaneous amendments
  54. 19Miscellaneous amendments
  55. 20Miscellaneous amendments
  56. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026.

(2)

These Regulations come into force on 27th January 2026.

(3)

Subject to paragraph (4), these Regulations extend to England and Wales.

(4)

Any amendment or repeal made by these Regulations has the same extent as the provision amended or repealed.

2Interpretation

In these Regulations—

  • “1984 Act” means the Building Act 1984f1;

  • “2022 Act” means the Building Safety Act 2022f2;

  • “building enactment” means any provision of, or of an instrument made under—

    1. (a)

      Part 2 or 4 of the 2022 Act, or

    2. (b)

      the 1984 Act.

3The new regulator

(1)

A body corporate called the Building Safety Regulator is established.

(2)

Schedule 1 makes further provision about the Building Safety Regulator and consequential amendments.

4Amendments conferring functions on the Building Safety Regulator

Schedule 2 makes amendments conferring functions on the Building Safety Regulator and consequential amendments.

5Transitional and saving provisions

(1)

Paragraph (2) applies to anything which is done (or has effect as if done) by or in relation to the Health and Safety Executive as the building safety regulator (“HSE”) for the purposes of, or otherwise in connection with, a transferred function and which is in effect immediately before the function is transferred.

(2)

Anything to which this paragraph applies is to be treated, so far as is necessary for continuing its effect, as done by or in relation to the Building Safety Regulator.

(3)

There may be continued by or in relation to the Building Safety Regulator anything (including legal proceedings) which—

(a)

relates to a transferred function, and

(b)

is in the process of being done by or in relation to HSE immediately before the function is transferred.

(4)

In this regulation a “transferred function” means a function of HSE conferred on the Building Safety Regulator by these Regulations.

Signature

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Samantha Dixon

Parliamentary Under Secretary of State for Building Safety, Fire and Democracy

Ministry of Housing, Communities and Local Government

7th January 2026

1Membership

(1)

The Building Safety Regulator is to consist of—

(a)

a person appointed by the Secretary of State as chair (“the chair”),

(b)

at least 3 and no more than 8 other members, appointed by the Secretary of State, and

(c)

the chief executive appointed under paragraph 4.

(2)

The Secretary of State must consult the chair before appointing a member under sub-paragraph (1)(b).

(3)

In appointing a person to be an appointed member the Secretary of State must—

(a)

have regard to the desirability of appointing a person who has experience of, and has shown some capacity in, matters relevant to the exercise of the functions of the Building Safety Regulator, and

(b)

be satisfied that the person has no financial or other interest likely to affect prejudicially the exercise of the person's functions as a member.

(4)

The Secretary of State may require any person who the Secretary of State proposes to appoint as an appointed member to provide any information the Secretary of State considers necessary for the purposes of sub-paragraph (3).

(5)

In this Schedule “appointed member” means—

(a)

the chair, or

(b)

a member appointed under sub-paragraph (1)(b).

2Terms of appointment of members

(1)

An appointed member holds and vacates office in accordance with the appointed member’s terms of appointment (subject to this paragraph).

(2)

An appointed member may resign their office by notice to the Secretary of State.

(3)

The Secretary of State may dismiss an appointed member who—

(a)

has been absent from meetings of the Building Safety Regulator for a period of more than 6 months without its permission,

(b)

has become bankrupt or has made an arrangement with the member’s creditors,

(c)

the Secretary of State thinks has failed to comply with the terms of their appointment,

(d)

the Secretary of State thinks has failed to comply with their obligations under paragraph 10 (members’ interests),

(e)

the Secretary of State thinks is otherwise unable, unfit or unsuitable to perform the functions of the appointed member.

3Remuneration etc. of members

(1)

The Building Safety Regulator may pay to or in respect of appointed members—

(a)

remuneration, and

(b)

travel and other allowances.

(2)

The Secretary of State must determine rates and eligibility criteria for payments under sub-paragraph (1).

(3)

If, where a person ceases to hold office as chair or appointed member, the Secretary of State considers that there are special circumstances that justify the payment of compensation to that person, the Building Safety Regulator must pay such compensation as is determined by the Secretary of State.

4Staff

(1)

The chair and other appointed members of the Building Safety Regulator must appoint a chief executive.

(2)

But a person may be appointed as chief executive under sub-paragraph (1) only if approved by the Secretary of State.

(3)

The Building Safety Regulator may appoint other staff.

(4)

The Building Safety Regulator may pay to its staff such remuneration and allowances as it may decide.

(5)

The Building Safety Regulator may—

(a)

pay such pensions, allowances or gratuities to or in respect of any, or any former, member of staff, or

(b)

pay such sums towards the provision for the payment of pensions, allowances or gratuities to or in respect of any, or any former, member of staff,

as it may decide.

5Financial provision

(1)

The Building Safety Regulator may charge for giving advice, conducting research or providing other services.

(2)

The Secretary of State may make payments to the Building Safety Regulator by way of grant or loan.

(3)

A grant or loan may be subject to conditions (which may include provision for repayment, with or without interest).

(4)

The Building Safety Regulator may borrow—

(a)

by way of overdraft or otherwise, for the purpose of what it considers to be short-term management of its finances, or

(b)

from the Secretary of State.

(5)

The Building Safety Regulator may not borrow otherwise.

6Committees

(1)

The Building Safety Regulator may establish committees and sub-committees.

(2)

The committees which may be established under sub-paragraph (1) include (but are not limited to) those mentioned in sections 9(1), 10(1) and 11(1) of the 2022 Act.

(3)

A committee or sub-committee may consist of or include persons who are neither appointed members nor members of the Building Safety Regulator’s staff.

(4)

The Building Safety Regulator may, with the consent of the Secretary of State, pay such remuneration and allowances as it thinks fit to any person who—

(a)

is a member of a committee or sub-committee, but

(b)

is not an appointed member or a member of its staff.

7Procedures

(1)

Subject to the provisions of this Schedule, the Building Safety Regulator may determine its own procedure and the procedure of any committee or sub-committee.

(2)

The Building Safety Regulator must make such arrangements as it thinks appropriate for publishing its procedure and the procedure of any committee or sub-committee.

(3)

The validity of any proceedings is not affected by—

(a)

any vacancy of the chair, chief executive or any other member,

(b)

any defect in the appointment of the chair, chief executive or any other member, or

(c)

any contravention of paragraph 10 (members’ interests).

(4)

In this paragraph “procedure” includes quorum.

8Conflict of interests

(1)

The procedures under paragraph 7 (procedures) must include arrangements for dealing with any conflict of interest of—

(a)

appointed members,

(b)

members of staff, or

(c)

members of committees or sub-committees who are not appointed members or members of staff.

(2)

The procedures must oblige a person—

(a)

to declare any financial or other personal interest relevant to the exercise of a function of the Building Safety Regulator, and

(b)

to withdraw from the performance of that function unless the Building Safety Regulator directs otherwise, being satisfied that the interest will not influence performance of the function.

(3)

In this Part, an “interest”, in relation to a person, means a financial or other interest which is likely to affect prejudicially the discharge by the person of their functions as—

(a)

an appointed member,

(b)

a member of staff, or

(c)

a member of a committee or sub-committee who is not an appointed member or a member of staff.

9Delegation

(1)

Subject to sub-paragraph (3), the Building Safety Regulator may delegate any of its functions to—

(a)

a committee,

(b)

a sub-committee,

(c)

an appointed member, or

(d)

a member of staff.

(2)

A committee may further delegate to a sub-committee, an appointed member or a member of staff.

(3)

Until the end of 31st December 2026, the Building Safety Regulator, or a committee, may also delegate any of its functions to a member of staff of the Health and Safety Executive or to a member of staff of a government department seconded or loaned to the Building Safety Regulator or the Health and Safety Executive.

10Members’ interests

(1)

A member of the Building Safety Regulator who is directly or indirectly interested in any matter arising at a meeting of the Building Safety Regulator must disclose the nature of that interest to the meeting.

(2)

A member of a committee or sub-committee of the Building Safety Regulator who is directly or indirectly interested in any matter arising at a meeting of the committee or sub-committee must disclose the nature of that interest to the meeting.

(3)

Where a member has disclosed an interest within sub-paragraph (1) or (2)—

(a)

that member must not take part in any deliberation or decision about the matter if it is a contract or agreement of any description, but

(b)

may otherwise take part in any deliberation or decision about the matter unless at least one-third of the other members at the meeting decide that the interest disclosed might prejudicially affect the member's consideration of the matter.

(4)

The Building Safety Regulator must prepare and keep up to date a register of members' interests disclosed under sub-paragraph (1) or (2).

(5)

The register required by sub-paragraph (4) must include the interests of—

(a)

the members of the Building Safety Regulator, and

(b)

all members of committees or sub-committees whether or not falling within paragraph (a).

11Accounts

(1)

The Building Safety Regulator must keep proper accounts (and proper records of its accounts).

(2)

As soon as is reasonably practicable after the end of each financial year the Building Safety Regulator must prepare a statement of accounts in respect of that financial year.

(3)

The statement must be in such form as the Secretary of State may direct.

(4)

The Building Safety Regulator must, within such period as the Secretary of State may direct, send a copy of the statement to—

(a)

the Secretary of State, and

(b)

the Comptroller and Auditor General.

(5)

The Comptroller and Auditor General must—

(a)

examine, certify and report on the statement, and

(b)

send a copy of the certified statement and the report to the Secretary of State as soon as is reasonably practicable.

(6)

The Secretary of State must lay before Parliament a copy of each statement and report received under sub-paragraph (5).

12Annual report

(1)

The Building Safety Regulator must, as soon as is reasonably practicable after the end of each financial year, prepare an annual report in relation to how it has exercised its functions during that financial year.

(2)

The Building Safety Regulator must, within such period as the Secretary of State may direct, send a copy of the annual report to the Secretary of State.

(3)

The Secretary of State must lay a copy of each annual report before Parliament.

13Supplementary

(1)

The Building Safety Regulator’s financial year is each period of 12 months beginning with 1st April.

(2)

But the first financial year is the period—

(a)

beginning with 27th January 2026, and

(b)

ending with 31st March 2026.

(3)

The application of the Building Safety Regulator's seal must be authenticated by a member of the Building Safety Regulator or by some other person authorised (generally or specially) by the Building Safety Regulator for that purpose.

(4)

A document purporting to be duly executed under the seal—

(a)

is to be received in evidence, and

(b)

is to be treated as so executed unless the contrary is shown.

(5)

The Building Safety Regulator may institute criminal proceedings.

14General powers

The Building Safety Regulator may do anything it thinks appropriate for the purposes of, or in connection with, its functions.

15Status

(1)

The Building Safety Regulator is not to be regarded as—

(a)

a servant or agent of the Crown, and

(b)

enjoying any status, immunity or privilege of the Crown.

(2)

The Building Safety Regulator’s property is not to be regarded as property of, or held on behalf of, the Crown.

16Secretary of State power to direct

(1)

The Secretary of State may at any time give to the Building Safety Regulator—

(a)

such directions as the Secretary of State thinks fit with respect to its functions, or

(b)

such directions as appear to the Secretary of State requisite or expedient to give in the interests of building safety.

(2)

The Secretary of State may not under sub-paragraph (1) give any directions with regard to the enforcement of any building enactment in any particular case.

17Amendments to primary legislation

In the Public Records Act 1958f1, in Part 2 of the Table at the end of paragraph 3 of Schedule 1, at the appropriate place insert—

“The Building Safety Regulator”.

18Amendments to primary legislation

In the Parliamentary Commissioner Act 1967f1, in Schedule 2, at the appropriate place insert—

“The Building Safety Regulator”.

19Amendments to primary legislation

In the House of Commons Disqualification Act 1975f1, in Part 2 of Schedule 1, at the appropriate place insert—

“The Building Safety Regulator”.

20Amendments to primary legislation

In the Freedom of Information Act 2000f1, in Part 6 of Schedule 1, at the appropriate place insert—

“The Building Safety Regulator”.

21Amendments to primary legislation

In the Equality Act 2010f1, in Part 1 of Schedule 19, in the list of “Regulators” at the appropriate place insert—

“The Building Safety Regulator”.

22Amendments to secondary legislation

In the Legislative and Regulatory Reform (Regulatory Functions) Order 2007f1, in Part 1 of the Schedule, at the appropriate place insert—

“The Building Safety Regulator”.

23Amendments to secondary legislation

In the Economic Growth (Regulatory Functions) Order 2017f1, in Part 1 of the Schedule, at the appropriate place insert—

“The Building Safety Regulator”.

24Amendments to secondary legislation

In the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017f1, in Schedule 2, in the list of “Regulators” at the appropriate place insert—

“The Building Safety Regulator”.

25Amendments to secondary legislation

In the Official Statistics Order 2023f1, in the Schedule, at the appropriate place insert—

“The Building Safety Regulator”.

1The Health and Safety at Work etc. Act 1974

The Health and Safety at Work etc. Act 1974f1 is amended as follows.

2The Health and Safety at Work etc. Act 1974

(1)

Section 11 is amended as follows.

(2)

In subsection (5)—

(a)

in paragraph (a), omit “other than its building functions”;

(b)

in paragraph (b), omit “other than its building functions”.

(3)

In subsection (6)(b), omit “or to its building functions”.

3The Health and Safety at Work etc. Act 1974

Omit section 11A.

4The Health and Safety at Work etc. Act 1974

In section 12(3) omit “, or the enforcement of the building enactments,”.

5The Health and Safety at Work etc. Act 1974

In section 13—

(a)

in subsection (6) omit “or in connection with its building functions”;

(b)

in subsection (7) omit “except its building functions”.

6The Health and Safety at Work etc. Act 1974

In section 27, omit subsection (5).

7The Health and Safety at Work etc. Act 1974

In section 53—

(a)

omit the definition of “the building enactments”;

(b)

omit the definition of “building function”.

8The Health and Safety at Work etc. Act 1974

In Schedule 2—

(a)

in paragraph 2(3)(d)(iii), omit “, building safety, building standards or fire safety”;

(b)

in paragraph 9(3)(b), omit “, or the building enactments,”.

9The Building Act 1984

In section 126 of the Building Act 1984f1, in the definition of “the regulator”, for “the Health and Safety Executive” substitute “the Building Safety Regulator”.

10The Building Safety Act 2022

The 2022 Act is amended as follows.

11The Building Safety Act 2022

In section 2—

(a)

in subsection (1), for “the Health and Safety Executive” substitute “the Building Safety Regulator”;

(b)

in subsection (2), omit “that relate to the regulator”.

12The Building Safety Act 2022

In section 3—

(a)

in subsection (4), omit paragraph (b) (and the “or” before it);

(b)

in subsection (5), omit paragraph (c).

13The Building Safety Act 2022

In section 9(1), omit the words from “exercise” to “1974 to”.

14The Building Safety Act 2022

In section 10(1), omit the words from “exercise” to “1974 to”.

15The Building Safety Act 2022

In section 11(1), omit the words from “exercise” to “1974 to”.

16The Building Safety Act 2022

In section 20(4), in the definition of “annual report”, for the words from “paragraph” to “1974” substitute “paragraph 12 of Schedule 1 to the Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026”.

17The Building Safety Act 2022

In section 28(5), omit paragraph (b) (and the “or” before it).

18Miscellaneous amendments

In the Table in Schedule 4 to the Town and Country Planning (Development Management Procedure) (England) Order 2015f1, in paragraph (zg), for “the Health and Safety Executive” substitute “the Building Safety Regulator”.

19Miscellaneous amendments

In class MA in Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015f1, in paragraph MA.2(4), for “the Health and Safety Executive”, in each place it occurs, substitute “the Building Safety Regulator”.

20Miscellaneous amendments

In regulation 4 of the Building Safety Act 2022 (Consequential Amendments and Prescribed Functions) and Architects Act 1997 (Amendment) Regulations 2023f1, for “the Health and Safety Executive” substitute “the Building Safety Regulator”.

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for the establishment of a new body, the Building Safety Regulator and for that body to replace the Health and Safety Executive as the building safety regulator for the purposes of the Building Safety Act 2022.

These Regulations also make provision in consequence of that replacement.

Regulation 3 and Schedule 1 establish the new body, set out its constitutional and financial arrangements and make a number of related amendments.

Regulation 4 and Schedule 2 make amendments to the Building Safety Act 2022, the Building Act 1984 and other enactments to confer the functions of the Health and Safety Executive as the building safety regulator on the new body. Schedule 2 also amends the Health and Safety at Work etc. Act 1974 to remove references to those functions, and makes other consequential amendments.

Regulation 5 makes transitional and saving provision in relation to the replacement of the Health and Safety Executive with the new body.

A regulatory impact assessment has not been prepared for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An explanatory memorandum has been prepared and is available alongside this instrument on the website, www.legislation.gov.uk.