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Under the Building Safety Act, the Building Safety Regulator (BSR) was established with the goal of revolutionising the way higher-risk structures are monitored for safety. Although the regime’s stated goal is to put safety and accountability first, the actual application of the law has shown serious difficulties in the building industry. According to Tim Galloway, deputy director at the BSR, 40% of general applications do not guarantee adherence to building requirements, exposing more serious problems with the industry’s methodology.

This article looks at the reasons for developers’ difficulties meeting the BSR’s requirements, the effects of Gateway 2 delays, and the pressing need to change procedures and culture to conform to the new safety regime.

40% of Applications Failing

Galloway voiced concerns about the condition of applications sent to the BSR at a meeting of the London Assembly’s Fire Committee. 鈥淔orty percent of more general applications are not able to assure us that the functional requirements, the building regulations, are being met,鈥� he said.

Given that the relevant building regulations have not been substantially changed since 2010, this statistic is concerning. The significant failure rate indicates structural problems in the construction sector, as a large number of developers put the approval procedure ahead of true compliance. As Galloway remarked, 鈥淚t starts to feel almost as if the whole conversation around applications is about the application, rather than whether the building work will meet the requirements.鈥�

The Role of Gateway 2 in Ensuring Safety

A key component of the Building Safety Act, the Gateway 2 screening service focusses on fire safety plans and makes sure that building projects fulfil strict requirements before proceeding. The BSR has the authority to stop dangerous construction projects thanks to this checkpoint, which was not available during the previous administration.

However, there have been other obstacles to the Gateway 2 rollout, such as:

-Demand that is higher than anticipated: There have been delays as a result of the volume of applications exceeding original estimates.

-Applications that are not complete: Developers frequently send in applications that are not well-prepared, which slows down the evaluation process.

-Resource limitations: The bottleneck has been made worse by the BSR’s limited capacity.

When it was revealed in October 2024 that the BSR had only allowed 14% of developers’ repair plans in the previous 12 months, these problems were brought to light. This demonstrates how big of a problem the sector and the regulation are confronting.

Why Compliance is Falling Short

1. Insufficient comprehension and readiness

Instead of making sure they are in compliance, many developers approach the application process with a surface-level concentration on avoiding the regulator. Cases where developers were unable to provide an explanation for whether replacement cladding was safer than the original material are examples of anecdotal information from Galloway.

2. Lack of Skills

There is a serious lack of qualified workers with building safety compliance training in the construction sector. The impact of the new regime on resources was highlighted by London Fire Brigade Commissioner Andy Roe, who said: “It takes two-and-a-half years to train someone to be competent to do much of the work that the BSR needs.” The industry’s ability to satisfy the BSR’s requirements is still constrained, since only 40 of the 170 inspectors are completely qualified.

3. Cultural Difficulties

The necessity of cultural change was a recurrent subject at the May 2024 BSR Conference. Aligning the industry with the objectives of the Building Safety Act requires fostering confidence with inhabitants and prioritising safety over formal compliance.

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The Broader Impact of Delays

Wide-ranging effects result from the obstacles and hold-ups in the BSR’s application process:

Erosion of Trust: Locals and interested parties come to doubt the industry’s capacity to provide secure, legal structures.

Project Delays: While navigating the intricacies of Gateway 2 approvals, developers must contend with lengthy timelines.

Financial Strain: Contractors are unable to maintain pricing forever due to delayed approvals, which interfere with planning and budgeting.

“The industry needs certainty, and the delays are causing real problems,” said Mark London, head of construction at Devonshires, emphasising the crucial requirement for predictability in the permitting process.

The Path Forward: Addressing the Challenges

1. Enhancing Proficiency

The industry needs to make training and development investments in order to meet the BSR’s requirements. This comprises:

Increasing the scope of training initiatives to create a pool of qualified safety experts and inspectors.

Working together with the BSR to standardise application procedures and expectations.

2. Enhancing the Quality of Applications

Developers must start concentrating on really satisfying building safety standards rather than just ‘getting past the regulator’. Among the steps are:

Finding and fixing gaps through thorough pre-application evaluations.

Consulting with seasoned experts to make sure all technical specifications are fulfilled.

3. Increasing the Capacity of the Regulator

The government and BSR must prioritise growing their teams in order to overcome resource limitations. This comprises:

Funding for inspector hiring and training should be increased.

Simplifying the application procedure in order to eliminate bottlenecks.

4. Promoting Cultural Transformation

Instead of being a compliance tick, building safety needs to become a core value. Developers and interested parties ought to:

When making decisions, put resident safety first.

Encourage openness and confidence by communicating clearly with residents and the BSR.

The difficulties encountered by the developers and the BSR underscore the increasing difficulties in putting into practice a revolutionary safety regime. The necessity for a systemic shift in the construction industry’s attitude to building safety is highlighted by the alarmingly high application failure rate.

The sector can accord with the objectives of the Building Safety Act by emphasising expertise, enhancing the quality of applications, and accepting cultural changes. “It is your duty, and indeed it has always been your duty, to comply with the building regulations,” Galloway said.

Cooperation, openness, and a dedication to creating a safer future for everybody are necessary for the future.

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