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The Building Safety Regulator (BSR), introduced under the Building Safety Act, aims to transform how safety is managed in higher-risk buildings. While the intent of the regime is clear, to prioritise safety and accountability, the reality of its implementation has exposed significant challenges within the construction sector. Tim Galloway, deputy director at the BSR, revealed that 40% of general applications fail to assure compliance with building regulations, highlighting deeper issues in the industry鈥檚 approach.

In this article, we examine why developers are struggling to meet the BSR鈥檚 standards, the impact of delays at Gateway 2, and the urgent need for cultural and procedural shifts to align with the new safety regime.

40% of Applications Failing

During a meeting of the London Assembly鈥檚 Fire Committee, Galloway expressed concern over the state of applications submitted to the BSR. 鈥淔orty percent of more general applications are not able to assure us that the functional requirements, the building regulations, are being met,鈥� he said.

This statistic is troubling, especially since the building regulations in question have not been significantly updated since 2010. The high failure rate points to systemic issues within the construction industry, where many developers prioritise the approval process over genuine compliance. As Galloway remarked, 鈥淚t starts to feel almost as if the whole conversation around applications is about the application, rather than whether the building work will meet the requirements.鈥�

The Role of Gateway 2 in Ensuring Safety

The Gateway 2 screening service is a pivotal part of the Building Safety Act, focusing on fire safety plans and ensuring that construction projects meet rigorous standards before moving forward. This checkpoint enables the BSR to halt unsafe building work, a power that did not exist under the old regime.

However, the roll-out of Gateway 2 has faced significant challenges, including:

– Higher-than-expected demand: The volume of applications has exceeded initial projections, leading to delays.

– Incomplete applications: Developers often submit poorly prepared applications, slowing the review process.

– Resource constraints: Limited capacity within the BSR has further compounded the bottleneck.

These issues were underscored in October 2024, when it was reported that the BSR had approved only 14% of developers鈥� remediation plans over the past year. This highlights the scale of the challenge facing the regulator and the industry.

Why Compliance is Falling Short

听1. Lack of Understanding and Preparation

Many developers approach the application process with a superficial focus on getting past the regulator rather than ensuring compliance. Anecdotal evidence from Galloway includes cases where developers could not explain whether replacement cladding was safer than the original material.

听2. Skills Shortages

The construction industry faces a severe shortage of skilled professionals trained in building safety compliance. Andy Roe, commissioner of the London Fire Brigade, emphasised the resource impact of the new regime, stating: 鈥淚t takes two-and-a-half years to train someone to be competent to do much of the work that the BSR needs.鈥� With only 40 of the 170 inspectors fully competent, the industry鈥檚 capacity to meet the BSR鈥檚 demands remains limited.

听3. Cultural Challenges

A recurring theme at the BSR Conference in May 2024 was the need for cultural change. Building trust with residents and focusing on safety over bureaucratic compliance are crucial to aligning the sector with the goals of the Building Safety Act.

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The Broader Impact of Delays

The delays and challenges associated with the BSR鈥檚 application process have far-reaching consequences:

1. Project Delays: Developers face extended timelines as they navigate the complexities of Gateway 2 approvals.

2. Financial Strain: Delayed approvals disrupt planning and budgeting, with contractors unable to hold prices indefinitely.

3. Erosion of Trust: Residents and stakeholders lose confidence in the industry鈥檚 ability to deliver safe, compliant buildings.

Mark London, head of construction at Devonshires, highlighted the critical need for certainty in the approval process, stating, 鈥淭he industry needs certainty, and the delays are causing real problems.鈥�

The Path Forward: Addressing the Challenges

听1. Strengthening Competence

To meet the demands of the BSR, the industry must invest in training and development. This includes:

– Expanding training programs to build a pipeline of competent inspectors and safety professionals.

– Collaborating with the BSR to standardise expectations and application processes.

听2. Improving Application Quality

Developers need to shift their focus from simply 鈥済etting past the regulator鈥� to genuinely meeting building safety standards. Steps include:

– Conducting comprehensive pre-application reviews to identify and address gaps.

– Engaging with experienced engineers to ensure all technical requirements are met.

听3. Enhancing Regulator Capacity

To address resource constraints, the government and BSR must prioritise expanding their teams. This includes:

– Increasing funding to train and hire inspectors.

– Streamlining the application process to reduce bottlenecks.

听4. Driving Cultural Change

Building safety must become a core value rather than a compliance checkbox. Developers and stakeholders should:

– Prioritise resident safety in decision-making.

– Foster transparency and trust through clear communication with the BSR and residents.

The challenges faced by the BSR and developers highlight the growing pains of implementing a transformative safety regime. While the high rate of application failures is concerning, it also underscores the need for systemic change in how the construction industry approaches building safety.

By focusing on competence, improving application quality, and embracing cultural shifts, the industry can align itself with the goals of the Building Safety Act. As Galloway stated, 鈥淚t is your duty, and indeed it always has been your duty, to comply with the building regulations.鈥�

The path forward demands collaboration, transparency, and a commitment to building a safer future for all.

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