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

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2026 No. 20

BUILDING AND BUILDINGS, ENGLAND AND WALES

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

Made7th 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 20231.
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.

1 Citation, 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4 Any amendment or repeal made by these Regulations has the same extent as the provision amended or repealed.

2 Interpretation

In these Regulations—

3 The 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.

4 Amendments conferring functions on the Building Safety Regulator

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

5 Transitional 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.

Schedule 1 

The Building Safety Regulator

Regulation 3

Part 1 Constitution

1 Membership

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).

2 Terms 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.

3 Remuneration 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.

4 Staff

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.

5 Financial 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.

6 Committees

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.

7 Procedures

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.

8 Conflict 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.

9 Delegation

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.

10 Members’ 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).

11 Accounts

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).

12 Annual 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.

13 Supplementary

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.

14 General powers

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

15 Status

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.

16 Secretary 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.

Part 2 Consequential Amendments

Amendments to primary legislation

Amends Public Records Act 1958 · 1 insertion

Schedule 1 — Definition of public records

paragraphs 1 – 2 unchanged

3 Table at end (Part 2)

existing entries unchanged

The Building Safety Regulator.
17 In the Public Records Act 19584, in Part 2 of the Table at the end of paragraph 3 of Schedule 1, at the appropriate place insert—
.
Amends Parliamentary Commissioner Act 1967 · 1 insertion

Schedule 2 — Departments and authorities subject to investigation

existing entries unchanged

The Building Safety Regulator.
18 In the Parliamentary Commissioner Act 19675, in Schedule 2, at the appropriate place insert—
.
Amends House of Commons Disqualification Act 1975 · 1 insertion

Schedule 1 — Offices disqualifying for membership, Part 2 (bodies of which all members are disqualified)

existing entries unchanged

The Building Safety Regulator.
19 In the House of Commons Disqualification Act 19756, in Part 2 of Schedule 1, at the appropriate place insert—
.
Amends Freedom of Information Act 2000 · 1 insertion

Schedule 1 — Public authorities, Part 6 (other public bodies and offices: general)

existing entries unchanged

The Building Safety Regulator.
20 In the Freedom of Information Act 20007, in Part 6 of Schedule 1, at the appropriate place insert—
.
Amends Equality Act 2010 · 1 insertion

Schedule 19 — Public authorities, Part 1 (public authorities: general)

existing entries in the list of “Regulators” unchanged

The Building Safety Regulator.
21 In the Equality Act 20108, in Part 1 of Schedule 19, in the list of “Regulators” at the appropriate place insert—
.

Amendments to secondary legislation

Amends Legislative and Regulatory Reform (Regulatory Functions) Order 2007 · 1 insertion

Schedule, Part 1 — Regulatory functions

existing entries unchanged

The Building Safety Regulator.
22 In the Legislative and Regulatory Reform (Regulatory Functions) Order 20079, in Part 1 of the Schedule, at the appropriate place insert—
.
Amends Economic Growth (Regulatory Functions) Order 2017 · 1 insertion

Schedule, Part 1 — Regulatory functions

existing entries unchanged

The Building Safety Regulator.
23 In the Economic Growth (Regulatory Functions) Order 201710, in Part 1 of the Schedule, at the appropriate place insert—
.
Amends Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 · 1 insertion

Schedule 2 — Public authorities (Wales)

existing entries in the list of “Regulators” unchanged

The Building Safety Regulator.
24 In the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 201711, in Schedule 2, in the list of “Regulators” at the appropriate place insert—
.
Amends Official Statistics Order 2023 · 1 insertion

Schedule — Bodies designated as producers of official statistics

existing entries unchanged

The Building Safety Regulator.
25 In the Official Statistics Order 202312, in the Schedule, at the appropriate place insert—
.

Schedule 2 

Further amendments

Regulation 4

The Health and Safety at Work etc. Act 1974

1 The Health and Safety at Work etc. Act 197413 is amended as follows.
2
1 Section 11 is amended as follows.
Amends Health and Safety at Work etc. Act 1974 · 2 deletions

11 Functions of the Executive

subsections (1) – (4B) unchanged

5 It shall be the duty of the Executive—
a to submit to the Secretary of State from time to time particulars of what it proposes to do for the purpose of performing its functions other than its building functions;
b to ensure that its activities other than its building functions are in accordance with proposals approved by the Secretary of State; and

paragraph (c) unchanged

subsection (6) shown below

2 In subsection (5)—
a in paragraph (a), omit “other than its building functions”;
b in paragraph (b), omit “other than its building functions”.
Amends Health and Safety at Work etc. Act 1974 · 1 deletion

11 Functions of the Executive

subsections (1) – (5) unchanged

6 The Executive shall provide a Minister of the Crown on request—

paragraph (a) unchanged

b with advice on any matter with which he is concerned, where relevant expert advice is obtainable from any of the officers or servants of the Executive, but which is not relevant to the general purposes of this Part or to its building functions.
3 In subsection (6)(b), omit “or to its building functions”.
Amends Health and Safety at Work etc. Act 1974 · 1 deletion

11A Powers of the Executive: buildings in England

[Section 11A omitted — the building-functions provision inserted by the Building Safety Act 2022 ceases to apply now that those functions transfer to the Building Safety Regulator.]
3 Omit section 11A.
Amends Health and Safety at Work etc. Act 1974 · 1 deletion

12 Control of the Executive by the Secretary of State

subsections (1) – (2) unchanged

3 The Secretary of State may not under subsection (2) give any directions with regard to the enforcement of the relevant statutory provisions, or the enforcement of the building enactments, in any particular case.

subsection (4) unchanged

4 In section 12(3) omit “, or the enforcement of the building enactments,”.
Amends Health and Safety at Work etc. Act 1974 · 2 deletions

13 Powers of the Executive

subsections (1) – (5) unchanged

6 The Executive may provide services or facilities, with or without payment, otherwise than for the general purposes of this Part or in connection with its building functions, to a government department or public authority in connection with the exercise of that department’s or authority’s functions.
7 The Executive may appoint persons or committees of persons to provide it with advice in connection with any of its functions except its building functions and, without prejudice to subsection (8), it may remunerate these persons.

subsections (8) – (11) unchanged

5 In section 13—
a in subsection (6) omit “or in connection with its building functions”;
b in subsection (7) omit “except its building functions”.
Amends Health and Safety at Work etc. Act 1974 · 1 deletion

27 Obtaining of information by the Commission, the Executive, enforcing authorities etc.

subsections (1) – (4) unchanged

5 [Subsection (5) omitted — the building-enactment information-gathering power inserted by the Building Safety Act 2022 is removed now that the function transfers to the Building Safety Regulator.]
6 In section 27, omit subsection (5).
Amends Health and Safety at Work etc. Act 1974 · 2 deletions

53 General interpretation of Part I

earlier definitions unchanged

“the building enactments” has the meaning given by section 11A;
“building function” means a function under section 11A or otherwise relating to the building enactments;

remaining definitions unchanged

7 In section 53—
a omit the definition of “the building enactments”;
b omit the definition of “building function”.
8 In Schedule 2—
Amends Health and Safety at Work etc. Act 1974 · 1 deletion

Schedule 2 — Additional Provisions Relating to the Constitution etc. of the Health and Safety Executive

paragraph 2(1) – 2(3)(c) unchanged

d consultation with—

heads (i) – (ii) unchanged

iii such organisations as he considers appropriate, including professional bodies, whose activities are concerned with matters relating to the general purposes of this Part, building safety, building standards or fire safety.

paragraphs 2(3A) onwards unchanged

a in paragraph 2(3)(d)(iii), omit “, building safety, building standards or fire safety”;
Amends Health and Safety at Work etc. Act 1974 · 1 deletion

Schedule 2 — Paragraph 9 (delegation by the Executive)

paragraph 9(1) – 9(3)(a) unchanged

b shall not authorise any member or committee of the Executive to make decisions concerning the enforcement of the relevant statutory provisions, or the building enactments, in any particular case.
b in paragraph 9(3)(b), omit “, or the building enactments,”.

9 The Building Act 1984

Amends Building Act 1984 · 1 change

126 General interpretation

earlier definitions unchanged

“the regulator” means the Health and Safety Executivethe Building Safety Regulator;

remaining definitions unchanged

In section 126 of the Building Act 198414, in the definition of “the regulator”, for “the Health and Safety Executive” substitute “the Building Safety Regulator”.

The Building Safety Act 2022

10 The 2022 Act is amended as follows.
Amends Building Safety Act 2022 · 1 change, 1 deletion

2 The building safety regulator

1 In this Part “the regulator” means the Health and Safety Executivethe Building Safety Regulator.
2 Schedule 1 contains amendments of provisions of the Health and Safety at Work etc. Act 1974 that relate to the regulator.
11 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”.
Amends Building Safety Act 2022 · 2 deletions

3 The regulator: objectives and regulatory principles

subsections (1) – (3) unchanged

4 In subsection (2) “excepted function” means—
a a function under any of sections 4 to 6, or
b [paragraph (b) omitted, with the “or” before it].
5 In this Part “building function” means—
a any function of the regulator under, or under an instrument made under, this Act or the Building Act 1984;
b any prescribed function of the regulator;
c [paragraph (c) omitted].
12 In section 3—
a in subsection (4), omit paragraph (b) (and the “or” before it);
b in subsection (5), omit paragraph (c).
Amends Building Safety Act 2022 · 1 deletion

9 Building Advisory Committee

1 The regulator must exercise the powers in section 13(1)(a) and (b) of the Health and Safety at Work etc Act 1974 to establish and maintain a committee to be known as the Building Advisory Committee, with the following function.

subsections (2) – (3) unchanged

13 In section 9(1), omit the words from “exercise” to “1974 to”.
Amends Building Safety Act 2022 · 1 deletion

10 Committee on industry competence

1 The regulator must exercise the powers in section 13(1)(a) and (b) of the Health and Safety at Work etc Act 1974 to establish and maintain a committee concerned with the competence of persons in the built environment industry (“industry competence”), with the following functions (and any other function that the regulator considers appropriate).

subsection (2) unchanged

14 In section 10(1), omit the words from “exercise” to “1974 to”.
Amends Building Safety Act 2022 · 1 deletion

11 Residents’ panel

1 The regulator must exercise the powers in section 13(1)(a) and (b) of the Health and Safety at Work etc Act 1974 to establish and maintain a committee with the functions mentioned in this section (and any other function that the regulator considers appropriate).

subsections (2) – (5) unchanged

15 In section 11(1), omit the words from “exercise” to “1974 to”.
Amends Building Safety Act 2022 · 1 change

20 Statement of regulator’s engagement with residents etc

subsections (1) – (3) unchanged

4 In this section—
“annual report” means the report made under paragraph 13 of Schedule 2 to the Health and Safety at Work etc Act 1974paragraph 12 of Schedule 1 to the Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026;

remaining definitions unchanged

16 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”.
Amends Building Safety Act 2022 · 1 deletion

28 Fees and charges

subsections (1) – (4) unchanged

5 In this section “relevant function” means—
a any function of the regulator under, or under regulations made under, this Part or Part 4, or
b [paragraph (b) omitted, with the “or” before it].
17 In section 28(5), omit paragraph (b) (and the “or” before it).

Miscellaneous amendments

Amends Town and Country Planning (Development Management Procedure) (England) Order 2015 · 1 change

Schedule 4 — Consultations before the grant of permission

earlier rows unchanged

zg Development of land within the curtilage of a higher-risk building — the Health and Safety Executivethe Building Safety Regulator.

remaining rows unchanged

18 In the Table in Schedule 4 to the Town and Country Planning (Development Management Procedure) (England) Order 201515, in paragraph (zg), for “the Health and Safety Executive” substitute “the Building Safety Regulator”.
Amends Town and Country Planning (General Permitted Development) (England) Order 2015 · 1 change

Schedule 2, Part 3, Class MA — change of use to dwellinghouses

paragraphs MA.1 – MA.2(3) unchanged

MA.2(4) Each reference to the Health and Safety Executivethe Building Safety Regulator is updated (in each place it occurs).

remaining provisions unchanged

19 In class MA in Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 201516, in paragraph MA.2(4), for “the Health and Safety Executive”, in each place it occurs, substitute “the Building Safety Regulator”.
Amends Building Safety Act 2022 (Consequential Amendments and Prescribed Functions) and Architects Act 1997 (Amendment) Regulations 2023 · 1 change

4 Prescribed functions of the regulator

References to the Health and Safety Executivethe Building Safety Regulator are updated.
20 In regulation 4 of the Building Safety Act 2022 (Consequential Amendments and Prescribed Functions) and Architects Act 1997 (Amendment) Regulations 202317, for “the Health and Safety Executive” substitute “the Building Safety Regulator”.

Footnotes

  1. 1
    2023 c. 55.
  2. 2
    1984 c. 55.
  3. 3
    2022 c. 30.
  4. 4
    1958 c. 51. There are amendments to Schedule 1 not relevant to this instrument.
  5. 5
    1967 c. 13. There are amendments to Schedule 2 not relevant to this instrument.
  6. 6
    1975 c. 24. There are amendments to Schedule 1 not relevant to this instrument.
  7. 7
    2000 c. 36. There are amendments to Schedule 1 not relevant to this instrument.
  8. 8
    2010 c. 15. There are amendments to Schedule 19 not relevant to this instrument.
  9. 9
    S.I. 2007/3544. There are amendments to the Schedule not relevant to this instrument.
  10. 10
    S.I. 2017/267. There are amendments to the Schedule not relevant to this instrument.
  11. 11
    S.I. 2017/353. There are amendments to Schedule 2 not relevant to this instrument.
  12. 12
    S.I. 2023/878.
  13. 13
    1974 c. 37. Sections 11, 12, 13, 27, 53 and Schedule 2 were amended by, and section 11A was inserted by, Schedule 1 to the 2022 Act.
  14. 14
    1984 c. 55. Section 126 was amended by paragraph 81 of Schedule 5 to the 2022 Act. There are other amendments to section 126 which are not relevant to this instrument.
  15. 15
    S.I. 2015/595. Schedule 4 was amended by S.I. 2021/814, there are other amendments not relevant to this instrument.
  16. 16
    S.I. 2015/596. Class MA was inserted by S.I. 2021/428 and amended by S.I. 2021/814, there are other amendments not relevant to this instrument.
  17. 17
    S.I. 2023/229.