Building Safety Regulator to Act as ‘Shadow’ Single Construction Regulator Ahead of Formal Launch

The Building Safety Regulator (BSR) will operate in effect as a shadow version of the proposed Single Construction Regulator (SCR) before the new body is formally established, government officials confirmed last week.

A government prospectus published before Christmas stated that the SCR would ultimately assume the BSR’s duties and serve as the cornerstone of a fully integrated regulatory system. However, the document provided limited detail on how the transition would work in practice.

In late 2024, the BSR was formally separated from the Health and Safety Executive and reconstituted as an independent body reporting directly to the Ministry of Housing, Communities and Local Government (MHCLG).

Speaking at an online briefing on the SCR on 5 February, Serhan Wade, policy lead for the SCR at MHCLG, said the creation of the standalone BSR offered an opportunity to begin shaping the future regulator in advance of primary legislation.

“While the decision to establish a new body for the Building Safety Regulator was driven by the need to improve operational performance, doing so ahead of legislation allows us to start developing the future regulator in shadow form,” he said.

Maddy Badcott, strategy lead for building safety and performance at MHCLG, said the intention was for the newly independent BSR to form the core of the SCR, with minimal disruption during the transition.

“Now that the safety regulator has moved out of the Health and Safety Executive, that arm’s-length body should be the basis for the new single regulator,” she said. “Our aim is to keep disruption to a minimum, although that could evolve as legislation is developed.”

Joe Murphy, head of single regulator design at the department, added that building the SCR from within the BSR would avoid unnecessary duplication and speed up the process.

“It means we’re not starting from scratch,” he said, noting that discussions were ongoing about whether a completely new legislative framework would be required or whether existing legislation could be adapted.

“We need to work through whether we need an entirely new framework or if we can rely on elements already in place,” Murphy said.

During the briefing, several attendees pressed officials for clarification on whether the SCR could introduce mandatory licensing for a wider range of built-environment professions.

Jon Rowling, senior specialist in building standards at the Royal Institution of Chartered Surveyors, questioned whether regulation could eventually extend to builders, tradespeople and small firms operating nationwide.

“That’s a difficult group to regulate, but it’s a major concern for consumers when it comes to construction quality,” he said.

Responding, Chris Barrett, senior policy adviser at MHCLG, said the scope of any professional reforms had yet to be defined and would be explored through a call for evidence due to be launched in the spring.

“We recognise that going too broad presents real challenges, but going too narrow may not address all the issues we’re trying to solve,” he said. “We’ll need to work through that with stakeholders and colleagues across government.”