Building Safety Act: More Change Ahead – In-Depth Analysis
The Building Safety Act 2022 has ushered in a new era of scrutiny and regulation for the UK construction industry. While the sector has already navigated a wave of secondary legislation, the government’s recently published Remediation Acceleration Plan signals that further change is on the horizon.
This plan, designed to expedite the remediation of unsafe cladding, introduces a range of measures impacting everything from building registration to manufacturer accountability. The government’s response to the Grenfell Phase 2 Report happened in March 2025. Due to that response , the publication of the government’s Remediation Acceleration Plan has signalled further legislative and regulatory changes in the pipeline.
The plan primarily addresses the slow pace of remediation for buildings with unsafe cladding, aiming to accelerate progress. Key targets include:
- By the end of 2029, all 18m+ buildings in government-funded schemes must be remediated.
- All 11m+ buildings must either be remediated or have a set completion date for remediation.
Key Developments in Building Safety
1. The Building Safety Levy
The government’s plan encompasses a range of measures designed to improve safety and accountability within the construction sector. These include the introduction of a Building Safety Levy, expected to take effect in autumn 2025.
This levy will apply to all new residential buildings in England, irrespective of height, with certain exemptions proposed for affordable housing, NHS facilities, supported housing, nursing homes, domestic abuse shelters, military premises, and small developments under ten units. However, further details regarding specific exemptions and levy rates are still pending.
2. New Legal Duty to Remediate Buildings
A new legal duty to remediate buildings will mandate that those responsible for buildings over 11m remove unsafe cladding within set deadlines. Failure to comply will result in financial penalties and potential criminal prosecution.
Key questions:
- Does this duty apply only to cladding, or does it extend to combustible insulation and other wall system components – e.g. those that where compliant at the time of build, but subsequently found to be ‘high risk’?
- If a PAS 9980 assessment deems a building “high risk”, but the building was fully compliant at the time of construction, will owners still be required to remediate?
3. Registration of Residential Buildings (11-18m)
Introduces a new duty requiring the registration of residential buildings between 11-18m. This aims to close the knowledge gap, as 18m+ buildings are already required to be registered with the Building Safety Regulator. Proposals to tighten building assessment requirements are also being considered to drive further action.
Key concerns:
- The BSR is already struggling to regulate 18m+ buildings.
- How will this additional workload be resourced and managed effectively?
4. Disclosure of Beneficial Ownership
New legislation will grant powers to require disclosure of ownership chains for residential buildings, aiming to identify responsible parties more effectively.
Key questions:
- What role does the Land Registry play in this process?
- Shouldn’t this already fall within their jurisdiction?
5. Joint Plan with Developers
A voluntary joint plan has been agreed upon between the government and 39 developers (as of 31 January 2025).
Stretch targets include assessments of all in-scope buildings by July 2025, with 80% of in-scope buildings to have remediation started or completed by July 2026, and all in-scope buildings to have remediation started or completed by July 2027.
Key concerns:
- Voluntary commitments sound positive, but how will this be enforced?
- What happens if developers fail to meet these stretch targets?
6. Remediation Enforcement
Additional funding will be allocated to the Recovery Strategy Unit and local authorities to enforce remediation.
Key concerns:
- How will enforcement work in practice?
- If PAS 9980 deems a building “high risk”, but it was built to code at the time, will building owners (and residents) be penalised for historical compliance?
7. Supporting Residents
Support for residents will be extended through the Waking Watch Replacement Fund until March 2026. Consultations are planned on capping insurance fees for leaseholders, and engagement with insurers will aim to reduce high insurance costs during remediation.
Key concerns:
- High insurance premiums remain a major barrier for residents.
- Is there an appetite for a government-backed insurance model to cap/underwrite premiums?
- Will private insurers remain willing to underwrite high-risk buildings?
8. Review of Building Regulations Guidance
The government intends to prevent non-compliant companies from receiving government contracts. Companies must demonstrate cooperation, corporate renewal, and compensation. Guidance on compliance is expected early 2025, and a review of the construction product regulatory regime is planned.
A fundamental review of Approved Documents will be undertaken by the Building Safety Regulator, aiming to make regulations easier to understand and use, regularly updated, and more accessible, especially for SMEs.
Key concerns:
- How will this impact innovation and Net Zero targets?
- Will full scale testing regimes be made cheaper and easier to access?
- Should the UK adopt an open-access testing model, such as RISC 501, to encourage a Just Culture?
- Are the Approved Documents going to become a Health and Safety Guidance document.
- Regularly updated, Prescriptive, or Performance based approaches?
9. Personal Emergency Evacuation Plans (PEEPs)
Regulations may soon require Personal Emergency Evacuation Plans (PEEPs) for residents in 18m+ and 11-18m buildings. PEEPs would provide person-centred fire risk assessments and tailored evacuation plans for residents with mobility or sensory impairments.
Key concerns:
- Are PEEPs the same as person-centred risk assessments, or are they distinct?
- Who will be responsible for conducting these assessments, and how will they be trained – what competency?
- What are the data protection implications?
- Can a resident refuse to participate in a PEEP, and if so, who is liable in an emergency?
- Can we rely on non-specialists (e.g. neighbours) to assist in evacuation efforts?
10. Redefining Higher-Risk Buildings
The Grenfell Phase 2 Report recommended a revised definition of higher-risk buildings, proposing to define them based on use and resident vulnerability, rather than just height.
Key concerns:
- How will this be structured to avoid excessive burdens on smaller buildings or institutions?
Next Steps
April 2025 will mark three years since the Building Safety Act 2022 came into force, bringing sweeping changes to the UK construction industry. While extensive secondary legislation has followed, further regulatory changes are expected.
The Remediation Acceleration Plan underscores increased enforcement and accountability, but critical details remain unclear, including:
- Levy rates and exemptions
- Enforcement mechanisms
- Support for insurance affordability
The government’s response to the Grenfell Phase 2 Report will likely shape the future of UK building safety—but its impact on development, compliance, and economic growth must be carefully managed. It’s important to recognise the complexities of balancing fire safety improvements with practical implementation and economic realities. The Government will be providing an update in 2025 assessing progress and outlining further steps to the plan that look to increase the pace of remediation and better protect residents. Global are committed to staying at the forefront of these developments, providing our clients with the expertise and guidance needed to navigate this evolving regulatory landscape.
From understanding the nuances of the Building Safety Levy to preparing for potential changes in Approved Documents and the potential impact of PEEPs, these changes will inevitably affect your projects. Whether you are a developer grappling with new remediation deadlines, a building owner facing evolving compliance requirements, or a manufacturer navigating stricter product regulations, Global can help you proactively assess risks, implement effective strategies, and ensure your projects meet the highest fire safety standards.
To discuss how these changes may impact your projects and how we can help you ensure a safe and compliant building, get in touch with the team
