Are BSR reforms the key to unlocking the housebuilding bottleneck?

The Building Safety Act 2022 was a landmark moment for the construction industry. It introduced the Building Safety Regulator (BSR), which oversees building safety, serves as the Building Control Authority for the design and construction of higher-risk buildings, and supports professionals to ensure their competence in their works, as well as monitoring building control / inspection functions.

Given the circumstances of the Grenfell tragedy, there was widespread recognition that building safety reform was long overdue. However, two years on from when the BSR came into force as part of measures implemented by the Building Safety Act, the system designed to raise safety standards has faced significant criticism for delaying the progress of numerous housing projects.

At the heart of the issue is Gateway 2 – the approval stage that must be cleared before construction on higher-risk buildings can start. Whilst the BSR aims to process applications within eight weeks for existing higher-risk buildings and 12 weeks for new higher-risk buildings, the reality has been far slower. This has created a substantial bottleneck, stalling housebuilding projects across England at a critical time given the government’s recent pledge to deliver 1.5 million homes by 2029.

The construction industry has been vocal in its concerns. Whilst few would dispute that safety must remain paramount, flaws in the current system mean it has not been functioning efficiently enough to support the scale of development the UK urgently requires.

In response, on 30 June 2025, the government announced a much-needed package of reforms aimed at streamlining the BSR and accelerating approvals. These included:

• A fast-track process to facilitate the delivery of 1.5 million safe and high-quality homes which will bring building inspector and engineer capacity directly into the BSR to prioritise and expedite decisions on newbuild and remediation projects.
• Leadership and structural changes, including the appointment of Andy Roe KFSM as non-executive chair of a new board of the Ministry of Housing, Communities and Local Government that will eventually take over BSR functions from the Health and Safety Executive.
• Increased investment, including the recruitment of over 100 new staff members.

These reforms follow a House of Lords inquiry into whether the BSR is equipped with the skills and resources to fulfil its purpose of ensuring the safety of all buildings and its residents. To collate this information, industry professionals are being encouraged to submit written contributions to the inquiry by 31 August 2025. This is a valuable opportunity for developers, funders and housing providers to share their experiences and help shape the future of building safety.

The BSR has also begun publishing quarterly Gateway 2 data, offering greater transparency around the volume of applications, decision outcomes, performance against statutory time limits and determination times. This is a positive step towards understanding why the BSR has been rejecting so many applications, which in theory should help industry stakeholders better manage project timelines and budgets.

New guidance on Gateway 2 has been released on 21 July 2025 to assist applicants in navigating the process more effectively, as an issue which has contributed to the delays has been the rejection of applications due to missing critical information.

These reforms and changes will come as a relief for many in the industry who have voiced concerns about the BSR’s role and effectiveness since its introduction. However, developers, funders and housing providers will want to see tangible improvements – and promptly. Whilst the reforms are a step in the right direction, their success relies on effective implementation which must be balanced with the need to deliver safe, high quality homes at scale and pace.

Emily Leonard (director), Emma Medina-Wallace (director) and Eleanor Folger (associate) work for law firm Freeths