As building safety requirements in the UK continue to evolve, the Building Safety Regulator (BSR) is continuing to play an active and important role in enforcing compliance. With powers ranging from stop notices to criminal prosecutions and court injunctions, the BSR has become one of the most influential regulators affecting developers, building owners, investors, accountable persons and construction professionals. 

This article explores the BSR's enforcement powers, the consequences of non-compliance, recent enforcement developments, and the reforms that are expected to shape the future of regulation.

Key takeaways: 

  • The Building Safety Regulator can issue compliance notices, stop notices and urgent action notices.
  • Failure to comply with BSR notices may result in criminal prosecution.
  • The BSR has demonstrated its willingness to seek court injunctions.
  • A new Remediation Enforcement Unit is being established.
  • Further reforms may introduce a Single Construction Regulator and expanded enforcement powers.

What is the Building Safety Regulator (BSR)?

The Building Safety Regulator was established under the Building Safety Act 2022, which came about as a result of the Grenfell Tower tragedy and the Government review which followed. The review revealed that the old system for regulating building safety was not fit for purpose, with enforcement powers which were rarely used, and consequences which were too negligible to have any significant impact. 

Formed in 2023, the BSR’s core mission is to protect people and places by regulating building safety and building standards laws in England.

The BSR operates across four key areas; acting as the building control authority for Higher-Risk Buildings (HRBs), overseeing occupied higher risk buildings, regulating the building control profession and securing the wider safety of everyone in and around buildings. 

As of January 2026, the BSR has become a fully independent statutory body, having moved from the Health and Safety Executive to an independent arm's length body under Ministry of Housing, Communities and Local Government. 

What is a Higher-Risk Building (HRB)?

Higher-Risk Buildings (HRB or high-risk building) are residential, high-rise buildings which are at least 18 metres in height or have at least seven storeys and contain two or more residential units.

HRBs fall within the BSR's enhanced regulatory regime due to the height of the building. The BSR acts as the control authority for these buildings and oversees their safety throughout their lifecycle.

Certain types of buildings including hotels, care homes and secure residential institutions are generally excluded from this definition.

For a detailed overview of Higher-Risk Buildings and the associated legal obligations, see our previous article.

What powers does the Building Safety Regulator have?

The BSR has many powers, which can be considered its ‘enforcement toolkit’. The enforcement powers are scalable, so that the Regulator can respond to the severity of the issue.

For breaches without specific consequences, the BSR is able to issue verbal and written warnings that require the removal or amendment of work, and these can be followed by formal compliance notices, which can be served on Accountable Persons or Principal Accountable persons for any breaches (or even anticipated breaches) that require action within a specific timeframe. For imminent danger, this would be an urgent action notice, and for more serious risk of harm, a stop notice, which would require work to stop immediately.

The BSR can also appoint a Special Measures Manager, if it is deemed that the Accountable Person (or Principal Accountable Person) are not managing the risk effectively. This would come at the cost of those who are creating the risk, or failing to manage it, usually in instances where there are repeated failures.

Recent case law has also shown that the Building Safety Regulator can obtain injunctions. In Health and Safety Executive v Integritas Property Group (IPG) Ltd [2025] EWHC 2613 (TCC), the HSE, acting in its role as the Building Safety Regulator, successfully obtained a without notice interim injunction from the Technology and Construction Court preventing occupation of a Higher-Risk Building. The application was supported by evidence of serious fire safety concerns.

Can the Building Safety Regulator prosecute companies and individuals?

Yes. The Building Safety Regulator can prosecute individuals and companies who do not comply with notices and can also seek director disqualification orders for individuals who have been convicted.

What happens if a building owner fails to comply with a Building Safety Regulator notice?

Failure to comply with a Building Safety Regulator notice can have serious consequences. In addition to enforcement action requiring defects to be remedied, non-compliance may constitute a criminal offence and can result in prosecution, financial penalties, director disqualification and, in some cases, the appointment of a Special Measures Manager to take over building safety responsibilities.

Can the Building Safety Regulator stop construction works?

Yes. The Building Safety Regulator can stop construction works where it considers there is a serious risk of harm. Through a stop notice, the Regulator can require work to cease immediately and may also require defective work to be amended or removed. Failure to comply with enforcement notices can itself constitute a criminal offence.

Can the Building Safety Regulator take court action or seek injunctions?

Yes. The Building Safety Regulator has demonstrated that it may seek injunctions through the courts where there are serious building safety concerns. In a recent case, the Regulator obtained an injunction preventing occupation of a building due to alleged fire safety defects. While such action is likely to be reserved for exceptional circumstances involving significant risk to life , it illustrates the Regulator's willingness to use all available enforcement tools to protect people and places.

Can Building Safety Regulator enforcement decisions be challenged?

Yes. Building Safety Regulator decisions can be challenged through the appropriate legal and tribunal processes. Recent case law has demonstrated that the Regulator must act fairly, transparently and proportionately when exercising its powers. Where it acts outside those principles or exceeds its legal authority, its decisions may be subject to review and challenge.

What is the Building Safety Regulator focusing on in 2026?

In 2026, the Building Safety Regulator is focused on improving operational performance, accelerating the remediation of unsafe buildings, establishing a dedicated Remediation Enforcement Unit and strengthening accountability for building owners and developers who delay remedial works. The Regulator is also overseeing consultation on changes to Approved Document B, which may influence future compliance and enforcement standards.

What is the Remediation Enforcement Unit and what will it do?

The Building Safety Regulator is establishing a dedicated Remediation Enforcement Unit to oversee buildings over 18 metres with unsafe cladding. The unit will have access to a range of enforcement powers, including compliance notices, civil penalties and, where necessary, criminal prosecution. Its aim is to hold building owners and developers accountable for delays and help ensure remediation work is completed without unnecessary delay.

What is the proposed Single Construction Regulator?

The proposed Single Construction Regulator is a reform intended to bring together the regulation of buildings, construction products and construction professionals under a single, coherent framework. The Building Safety Regulator is expected to play a central role in this new model, creating a more joined-up approach to oversight and enforcement across the construction sector.

How will construction product regulation change?

Proposed construction products reforms would introduce tougher sanctions for product safety breaches, including criminal penalties, unlimited fines and potential imprisonment for individuals. The reforms would also expand the scope of regulation through a general safety requirement, bringing all construction products within the regulatory framework rather than only those subject to designated standards. Civil penalties and director disqualification powers are also expected to play a greater role in enforcement.

What is the Remediation Bill and what could it mean for building owners and developers?

The proposed Remediation Bill is intended to strengthen the framework for delivering building safety remediation. According to the Building Safety Regulator's current proposals, it would introduce a new duty and penalty regime aimed at ensuring remediation works are completed without unnecessary delay. For building owners and developers, this could mean increased scrutiny, a wider range of enforcement measures, including civil penalties, and greater accountability where remediation obligations are not met.

What should organisations with building safety duties do now?

Organisations with building safety responsibilities should make sure they understand their legal obligations, invest in solid compliance systems and governance frameworks, and engage with the evolving regime. With the BSR's enforcement powers expanding and further reforms on the horizon, staying informed and addressing risks early will be essential in demonstrating compliance and avoiding enforcement action.

Our Construction team and wider Building Safety specialists advise developers, investors, building owners, registered providers and contractors on building safety compliance, enforcement action, remediation obligations and regulatory investigations.

To learn more about how we support clients across the built environment, visit our Construction page.

Join our Building Safety Conference

Building safety regulation continues to evolve at pace, bringing new challenges and responsibilities for organisations across the sector. 

To explore the latest developments, we are hosting our annual Evolution of Building Safety Conference on 1 October 2026.

Register your interest.