Higher-risk building regime

Following the Grenfell Tower fire, the government carried out an independent review of the Building Regulations and fire safety laws. The final report (Hackitt Report) was published on 17 May 2018, and set out over 50 recommendations, including a new regulator to oversee the construction and management of buildings. See News Analysis: The Hackitt fire safety report—does it go far enough?

The Building Safety Act 2022 (BSA 2022), which received royal assent in April 2022, was a key part of the government’s response to the Hackitt Report. BSA 2022 paved the way for significant changes to the law on building safety. For general information on the reforms introduced by BSA 2022 and its key provisions, see Practice Note: Building Safety Act 2022—key provisions and issues.

BSA 2022, Pt 3 and Pt 4 provided the framework for a regulatory system applicable to ‘higher-risk’ buildings (HRBs) in England. The HRB regime imposes rigorous building control processes and other legal requirements in relation to HRBs. The regime is overseen by the Building Safety Regulator (BSR), currently a division of the Health and Safety Executive,

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Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched  a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

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