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KEY BUILDING SAFETY DEVELOPMENTS TO WATCH

September 2026

As the construction sector continues to adapt to the ever-evolving building safety landscape, we consider now to be an opportune moment to take stock of some of the most important recent developments and changes, as well as those anticipated in the remainder of 2026 and beyond.

Single Construction Regulator

On 9 July 2026, the Ministry of Housing, Communities & Local Government (the ‘MHCLG’) published its response to the Single Construction Regulator Prospectus consultation, which closed in March 2026. This followed the Grenfell Tower Inquiry Phase 2 Report recommending that the government take steps to establish a single construction regulator to address the regulatory fragmentation within the sector, with a view to ‘creating a more effective, proportionate and coherent regime’.

In terms of next steps, the government confirmed its intention ‘to legislate for the SCR as soon as parliamentary time allows’, although this is not expected until early-2028. There was no substantive update on this in its latest Progress Report earlier this month. In the meantime, the government will continue work in preparation for its implementation, including ‘finalising the specific functions of the SCR, how they work together and how they should be embedded across a wider regulatory system’. As part of this, the government will continue to engage with various stakeholders, including residents, building users, and representatives from across the construction sector.

The Single Construction Regulator is expected to bring together functions relating to building safety / building regulation, construction products, which we reported on here with further reform details awaited, and construction professions and competence, with a view to reducing regulatory fragmentation and creating stronger accountability across the sector. The government intends to use the current Building Safety Regulator as the foundation of the Single Construction Regulator.

Regulation of Fire Engineers

On the topic of increased regulation, the Grenfell Tower Inquiry Phase 2 report made various recommendations in relation to the regulation of fire engineers, including but not limited to ‘the profession of fire engineer to be recognised and protected by law and for an independent body to be established to regulate the profession, define the standards required for membership, maintain a register of members and regulate their condition’.

The government has therefore committed to regulating both the title and function of a ‘fire engineer’ to strengthen public safety and professional accountability – this will involve a statutory register, protected title, and restricted activities, bringing fire engineers in line with other regulated professions, such as architects. Following the Fire Engineers Advisory Panel publishing its ‘Authoritative Statement’ in late-2025, the government therefore intends to undertake a public consultation on the details of regulation and implementation in 2026, albeit this has not been launched at the time of writing.

The latest Progress Report refers to efforts to address skills and capacity challenges within the fire engineering profession. Alongside support for and collaboration with the Fire Engineers Transitional Board and wider professional reform, the government will make £13m available via a competitive process to UK Higher Education institutions to expand education and training, increase studentships, and strengthen research and academic capability in fire engineering.

Second Staircase

From 30 September 2026, it will be mandatory for new residential buildings or mixed-use buildings with residential units over 18m in height, as well as some buildings below 18m in certain scenarios, to be provided with at least two staircases to assist with facilitating effective evacuation in the event of fire. This was introduced in the government’s technical guidance note dated March 2024, which set out amendments to Approved Document B which take effect on 30 September 2026.

For higher-risk buildings, compliance with the second staircase requirement must be demonstrated as part of the gateway process. However, under the transitional arrangements, where: (i) a building notice, an initial notice, or a building control approval application with full plans is submitted before 30 September 2026; and (ii) the works are ‘sufficiently progressed’ within the prescribed period, i.e. before 30 March 2028 for new-build projects, the previous version of Approved Document B will continue to apply.

For the purpose of these transitional arrangements, building work is to be regarded as ‘sufficiently progressed’ for new-builds ‘when the pouring of concrete for the permanent placement of the trench, pad or raft foundations has started, or the permanent placement of piling has started’. Developers are required to notify the relevant building control authority within five working days of reaching this stage.

The rule also applies only to new buildings – there is therefore no need to upgrade existing residential buildings which have a single staircase / to retrofit a second staircase, although we expect that some developers may consider voluntarily upgrading their evacuation routes.

It should however be noted that, since February 2023, the Greater London Authority has required all new residential buildings over 30 metres in London to include at least two staircases. Developers working in London will therefore be familiar with the second staircase requirement and the associated design considerations.

Building Safety Levy

From 1 October 2026, a Building Safety Levy will be charged on new residential developments – it is to be paid on certain building control applications and notices before completion of the building work or occupation of the building, whichever is the earliest, with the aim being to raise c.£3.4 billion for building safety-related purposes over the next 10 years. The Building Safety Levy, which applies to England only, will be collected by local authorities, with levy rates set for each local authority weighted using average local house prices, and seeks to raise funds for the remediation of unsafe buildings. The Scottish equivalent is being reviewed and set to roll out in April 2027.

In summary, when submitting an application for building control approval for works which involve the provision of one or more new dwellings or one or more new bedspaces of purpose-built student accommodation, developers must consider whether the works meet the levy charging conditions set out at Regulation 15 of The Building Safety Levy (England) Regulations 2015, which provides that a building control application is ‘chargeable’ if:

• the building work to which the application relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use) or an existing building with an increased total area of residential floorspace (whether by extension or change of use), and
• the building work to which the application relates—
  • is major residential development, or
  • is part of a wider development which is major residential development.

Ahead of the Building Safety Levy coming into force, government made the Building Safety Levy (Amendment) (England) Regulations 2026. These reflect the previously published draft regulations and make minor targeted changes to the levy regime, including clarifying the treatment of previously developed land when determining the applicable levy rate and refining certain administrative and procedural provisions. The government will likely review implementation and address any anti-avoidance issues.

Fire Risk Appraisals of External Walls

On 14 September 2026, the government published new guidance on Fire Risk Appraisals of External Walls (‘FRAEW’) to help building owners, landlords, managing agents, responsible persons, and residents take a more consistent approach to understanding and assessing when an FRAEW is required, how to commission one, the issues an FRAEW should address, and how the findings can be used to inform the management of fire safety risks.

In summary, all residential buildings containing two or more flats must have a fire risk assessment which should consider the risks posed by the building’s external walls and determine whether a more detailed FRAEW is required. The FRAEW can then be used to identify and assess external wall fire safety risks and support appropriate risk management measures. It is possible that the guidance may influence decisions, as well as expectations, regarding fire strategy documentation, façade design information and remediation works.

Concluding Observations

The remainder of 2026 will bring into effect significant changes in relation to building safety for various stakeholders within the built environment, with both government and industry bodies reinforcing the shift towards improved building safety, greater accountability for those working in the construction sector, and improved professional standards, alongside increasing financial and operational pressures on developers to ensure compliance with the ever-evolving building safety framework. Understanding the changes under the regime and how they relate to your business and projects will be important to continue to manage contracts and appointments and to continue to manage risk effectively.

It is also worth noting that the timing and requirements of the applicable building safety regime differ as between England, Wales and Scotland. It is therefore important to understand your project, as well as the legal and regulatory framework which applies to this.

Beale & Co are well-versed in advising clients on issues relating to building safety; if you require any assistance, whether in relation to the points discussed above or building safety matters more generally, please do get in touch with the authors.

Includes commentary from Kayleigh Rhodes

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