That this House has considered the performance of the Building Safety Regulator.
It is an unrivalled pleasure to serve under your chairmanship, Sir Desmond. I thank the Backbench Business Committee for granting the debate and colleagues from four different parties for adding their names to the application. Since being elected last year, I have been searching for something that the hon. Member for Boston and Skegness (Richard Tice) and I can agree on, and I am thankful that we finally managed to find it. The breadth of support demonstrates the shared determination across the House to make the system work better. I also thank those from across the industry for their tireless campaigning on the issue, as well as for the constructive way they have worked to ensure that we can get safer buildings across the housing system and provide the supply that is so desperately needed.
Across the construction and development sectors, there is rightly a growing frustration about how the new building safety regime operates in practice. Everybody supports the principle of safer buildings, but there is increasing concern that the system as it stands is holding back progress on building the new homes that are so desperately needed. My hon. Friend the Member for Northampton South (Mike Reader) and I sought this debate because of the growing concern across industry that the Building Safety Regulator, while well intentioned, is becoming a real barrier to hitting the 1.5 million homes target that we promised at the general election and that it is so important we achieve.
We should be absolutely clear that this debate is not an attack on the principle of building safety—very far from it. Seventy-two people lost their lives in the Grenfell Tower fire on 14 June 2017—72 lives needlessly and tragically lost. It remains a stain on our national conscience that it took such a disaster to ensure that we have proper accountability and testing in the building industry.
The Building Safety Regulator is a vital part of ensuring that nothing like Grenfell ever happens again, but it has to work. Time and again, developers and councils tell me exactly the same story: that schemes are stuck in the system and that, although the regulator is supposed to process applications within 12 weeks, tens of thousands of homes are still stuck to this day. The latest figures suggest that 22,000 homes are waiting for a remediation decision and that 33,000 new homes are waiting for approval. The cost of that is severe: according to the Centre for Policy Studies, there has been a 73% drop in housing starts in London over the past year, with the regulator one of the biggest causes. It is good to see today’s Government announcement on the ways we are going further to get the London housing market moving again, but the industry will still say the Building Safety Regulator is one of the biggest obstacles.
Perhaps the biggest travesty is that if we do not build new safer homes, more people in this city and across the rest of the country are stuck in more dangerous and older properties. That is before we even start to consider the thousands who are stuck in temporary accommodation —one child in every classroom—or those who are paying extortionate rents because this country has failed for decades to build the homes that are needed.
We now see a growing backlog in the BSR because telecoms infrastructure is being caught up in the new regulations for high-risk buildings—I say this in a building where I still cannot seem to get good phone signal, because we are not building the mobile phone infrastructure that is required across the city. That is causing real practical problems. It threatens to seriously impact the delivery of new buildings, particularly when rooftop installations are involved. If that is not addressed quickly, it could slow down construction and digital roll-out at exactly the point when this country needs to be improving both.
The delays affect not just developers but people: the families living in buildings that are still awaiting remediation and the people who know that their homes are not yet deemed fully safe. The stress that causes day after day is unimaginable. When we talk today about process, paper- work and delays, we must remember the human beings at the heart of this issue.
The economic impact is also huge: rising insurance costs, development finance drying up and higher up-front fees—all before a single brick gets laid. It has a real effect on the viability of building, particularly in our bigger cities. Peter John, the former head of Southwark council put it bluntly:
“The greatest single burden developers have faced over the last five years has been the introduction of the Building Safety Regulator. The unintended consequence of improving building safety cannot be to cut off the supply of new homes.”
He is right.
Melanie Leech of the British Property Federation told the Select Committee that BSR delays are holding back two thirds of the build-to-rent pipeline. As we are rightly reforming the Renters’ Rights Bill, which was considered in the Commons again yesterday, we need to ensure that new build-to-rent properties are built, in order to keep the system unclogged. Fewer new rental properties obviously means higher rental prices for everyone else. The Home Builders Federation says exactly the same: the delivery of high-rise developments has “ground to a halt”.
Earlier this week, the Government held their regional investment summit, and the message could not have been clearer: the UK is open for business, full of opportunity and led by a Government determined to drive growth. But investors also reminded us about the hard truth that investment is global, and if it takes too long or if it is too difficult to see a return here, capital will simply go elsewhere. We must pull down the barriers to investment and make it easier for growth to happen right here in the UK. If we are serious about growth, we need to back the builders, not the blockers.
The good news is that fixing this does not require a huge amount of money from the Treasury—given how difficult it is to get money out of the Treasury—and it is not primarily about huge amounts of new spending. But it does mean investing in the right people: the experts who can process complex applications quickly and accurately. Will the Minister confirm whether the BSR will have the flexibility to offer market rates to attract those people, rather than being constrained by standard civil service pay bands?
Secondly, it is about culture. Too many developers tell me they face a “computer says no” approach—an invalid application is simply rejected, forcing the whole process to restart. That would be frustrating enough over 12 weeks, but over nine months or more it is a killer for confidence. One of the most frustrating stories I have heard in all this is from a developer who was asked by someone at the Building Safety Regulator to slow down the speed at which they were making applications, to stop the BSR from becoming overwhelmed. At a time when this Government are rightly determined to speed up house building, it is frustrating to see an arm of government trying to slow the process down.
I congratulate my hon. Friends the Members for Milton Keynes North (Chris Curtis) and for Northampton South (Mike Reader) and the Backbench Business Committee on this debate. My hon. Friend talks about the frustration of a nine-month delay, but the BSR is supposed to work to a 12-week turnaround. Is he aware that 338 council homes at the Bermondsey biscuit factory have already been held up for 54 weeks? When approached, the BSR asked for another 12 weeks to complete the application decision.
I thank my hon. Friend for those comments, which show exactly the kind of consequences we are facing because of what has been happening to the Building Safety Regulator. If we are not building new social homes, we have to ask where they are going to be instead. Quite often, children aged one or two are stuck in temporary accommodation, not learning to walk or crawl properly and having their life chances curtailed because this city and this country have failed to build the homes to give them a proper life chance. It is important that we stand up to the blockers who stand in the way of that.
Could we move to a more collaborative approach, in which BSR staff can work iteratively with applications to resolve issues as they arise, rather than starting from scratch each time? I have heard worrying reports of inconsistency, with different teams taking different decisions on similar cases. What is being done to ensure greater transparency and consistency? Has the Department assessed whether further guidance is needed for both applications and the regulator itself?
The BSR has said that it hopes to clear the gateway 2 backlog before Christmas. I welcome that level of ambition, but will the Minister confirm what support the Government are providing to make it happen and whether new applications submitted after that point will be turned around within 12 weeks? Once gateway 2 approvals start to come through, we will start hitting the gateway 3 process, which is the sign-off after construction and before occupation. What preparation is being made to ensure that that process does not simply become the new bottleneck?
I will finish with a slightly wider point. Grenfell was a national tragedy caused by unforgiveable negligence, and it was right that the state responded, but when we design new regulations or regulators, we must remember the cost of getting it wrong. In this case, the cost is stalled projects, families waiting longer in unsafe homes, tens of thousands of children waking up this morning in temporary accommodation, and families paying unaffordable rents. The intent was sound; the implementation has been a catastrophic failure.
It is a pleasure to serve under your chairmanship, Sir Desmond. I thank the Backbench Business Committee for granting the debate, and I thank my hon. Friend the Member for Milton Keynes North (Chris Curtis) for doing tireless work to co-ordinate it on behalf of us both. I thank his team as well.
I want to start by echoing my hon. Friend’s comments on the disaster that was Grenfell. Waking up on my birthday, 14 June, to see the disaster unfolding in front of my eyes is something that will stick with me for the rest of my life; I am reminded every single time I celebrate a birthday. As we move away from the disaster, I am always very much reminded of the impact not only on the families who lost loved ones, but on the hundreds of other families and the community that was devastated by Grenfell.
To complement what my hon. Friend said, I have heard from the industry that the principles on how the Building Safety Regulator should work are very sound. We should work in a way that puts safety up front. There is a golden thread of data. When I joined the industry 20 years ago, one of my jobs as a graduate was to go and hunt O&M—operation and maintenance—manuals to find out exactly what had been built on site and how on earth we could improve it. There is a thread of information so that we can make decisions in relation to maintenance and operation, and there are very clear duty-holder liabilities and requirements, which were missing at Grenfell and in the industry.
In practice, we are seeing poor performance, which is why this debate was called. We see a regulator that is risk-averse and adversarial and that has an outdated approach, despite being a very new regulator. It prevents the delivery of safe, affordable homes, which is critical given the housing crisis and the homelessness crisis we inherited from the Conservative party.
I am perhaps a glutton for punishment. I give up my time as a Back Bencher to go to quite a number of breakfast events, dinner events and roundtables to talk about the sector that I am passionate about—the construction and built environment sector—as someone who built a 20-year career working in that great industry. It used to be about growth and change, when Opposition Members were in power as Ministers, but now the Building Safety Regulator comes up time and again as a real industry frustration. The BSR is widely regarded as actively hindering the construction of new homes—as a key blocker of the Government delivering 1.5 million homes. As my hon. Friend the Member for Milton Keynes North said, 22,000 homes are awaiting approval for remediation and 33,000 new homes are waiting for approval.
I will do my very best, Sir Desmond, and it is a pleasure to serve under your chairmanship. I congratulate the hon. Members for Milton Keynes North (Chris Curtis) and for Northampton South (Mike Reader) on securing this important debate. The Building Safety Regulator has the potential to hinder dramatically the Government’s laudable regime of building more homes and more affordable homes. We all remember the horror of Grenfell, and having this entity is probably the right way forward, but there are certain key lessons that are rapidly being learned.
Hon. Members have spoken about some of the specific details, but I fear that the consequences of this issue are even greater than we may imagine. I have been listening to businesses from the property industry, which is my core industry—I started digging trenches in 1983, so I have been in the industry a long time. House builders and investors are now telling me that they are done. They are just not going to bother. We have heard experiences of people allocating a year from completion to occupation. Investors are saying, “We’re not going to bother. We’re going elsewhere.” We have to act faster on this.
There are a couple of key things that we need to consider, including the application of a strange thing called common sense, which, too often among regulators, is sadly not very common. When we have traditional building materials that have stood the test of time for hundreds of years, be it brick or concrete, we could apply common sense to say, “Well, if using those materials, there should be a fast fast-track process.” I question also whether the whole concept of gateway 1 is necessary at all. If a project gets to gateway 2, that covers gateway 1. A developer is not going to spend hundreds of thousands or several millions on a planning application and get on site if they know they are not going to pass gateway 2, so why bother with gateway 1 at all? Numerous other examples have been talked about.
It is an honour to serve under your chairmanship, Sir Desmond. I thank my hon. Friend the Member for Milton Keynes North (Chris Curtis) for securing this important debate.
The housing crisis is one of the defining challenges of our generation. We clearly face a series of overlapping problems: a crisis of poor quality and unsafe homes, affordability and now also housing delivery. I hear about the impact of that in Uxbridge and South Ruislip every day at my surgeries and via my inbox. It is clear that this problem is chipping away at our growth potential, health and educational outcomes, and even public confidence in our political system. The Government have rightly set an ambitious target of 1.5 million new homes over the course of this Parliament to address those issues. We must do everything we can and leave no stone unturned in meeting that challenge.
I am concerned that the BSR, in its current form, is now acting as a barrier to delivering new homes at the pace required, particularly taller buildings, which disproportionately affects house building in urban areas such as my west London constituency. As hon. Members have expertly set out already, the BSR requires all prospective high-rise buildings to pass through three stages of approval, and at each stage, developers are seeing significant delays and setbacks.
Applications are routinely spending 25 to 40 weeks at gateway 2, and some developers I have spoken to have even seen applications take over a year, compared with a 12-week target. Approximately 70% of gateway 2 applications were rejected or invalidated, and only seven out of 40 applications at gateway 3—which is supposed to be a post-construction formality—were approved last year.
Some rejections will always be necessary and may be critical to ensure the safety of developments. The Grenfell inquiry revealed systematic safety failures in the construction industry, but we have to get the balance right and the system has to be effective and fair. As my hon. Friend the Member for Milton Keynes North said, we have to look at safety holistically. Safety is one form of risk and impact, but if we are not remediating homes or building homes, we are not moving people out of damp or mould, homelessness or temporary accommodation, which has immense safety implications for our population.
It is a pleasure to serve under your chairship, Sir Desmond. I commend the hon. Members for Milton Keynes North (Chris Curtis) and for Northampton South (Mike Reader) for introducing the debate. It is always great to be here to give a local perspective from Northern Ireland.
I commend the Government and the Minister in particular for their commitment to the 1.5 million homes. I hope they can achieve that, but some things have to be in place for it to happen. One of those relates to the Building Safety Regulator. Northern Ireland does not have a building safety regulator equivalent to the one in England, but we are strengthening building safety regulations, which are enforced by local councils across Northern Ireland.
Building regulations in my constituency of Strangford are carried out by Ards and North Down borough council and, to a lesser degree, by Lisburn and Castlereagh city council and by Newry, Mourne and Down district council. My relationship with them has always been positive and helpful. When we bring something to their attention, they do their best to contact the office right away. Local building control enforces health, fire safety, energy and safe accessibility—all the things that I hope the Building Safety Regulator here would do as well.
The safety of derelict buildings is an issue I have mentioned before. Some of the ones in my constituency raise deep concern, and there is a call for building safety officers to step in and do their bit. For example, in the past few years young people have been breaking into a number of derelict two-storey homes and businesses in Court Street in Newtownards, the main town in Strangford. They were using them for under-age drinking and antisocial behaviour—drug smoking and other things. The antisocial behaviour is one thing, but it has been noted that the buildings may not have been safe for people to be in, even prior to their dereliction. In such instances, there is a real need for further consideration to be given to having a building safety regulator, which could support what the hon. Member for Milton Keynes North and others have put forward as the key issue here on the mainland.
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The lesson is clear: future systems must be built with feedback loops from day one, clear service standards, real-time data on performance, and consistent guidance. If the first version falls short, as it will from time to time, we need rapid reform, not months of drift while the consequences stack up. That is not about weakening safety; it is how we deliver better and faster. It is how we honour the lives of the 72 people we lost at Grenfell—not only by saying, “Never again,” but by building more of the safe, modern homes that this country needs, with a regulator worthy of the trust we place in it.
Sometimes, it is not even homes that are stuck in this process. A small to medium-sized contractor from Northampton, Briggs and Forrester, spoke to me about doing the Guildhall in the centre of London. One might not think that that scheme would be caught up, but there are two grace and favour flats in the Guildhall, so the whole thing got stuck in the BSR and was delayed by over six months—all they were doing was replacing chillers on the roof and some mechanical and electrical equipment. Had those two flats not been there, the scheme would have been rushed through and we would have seen one of the great feats of engineering in our city renewed and improved.
I am hearing some worrying things, which I have raised with the Minister, about a trend in London for developers to seek to develop hotels that, once built, are flipped into long-term rents, avoiding the BSR. There is now a grey market of people finding ways of avoiding going through the BSR, including by building alleged hotels that then become rental accommodation under long-term leases.
I do not want my contribution to be only negative. I welcome the reforms, and particularly today’s announcements: the recruitment drive, the new BSR innovation unit and the new leadership, which I think will make a big difference. However, I have to ask the Minister why the industry does not feel like it is seeing the benefits. Is it because that is not enough, or because the Government have been poor at communicating what we are doing to fix this mess? I encourage the Minister to do more to talk about the things that we are changing, because we also need to change the industry culture of talking ourselves down and talking only about the issues that we face.
I started my career 20 years ago in the construction sector as a civil engineer. I am fortunate to chair the all-party parliamentary groups for excellence in the built environment and on infrastructure and to be Labour’s construction champion. On Monday, I put out a LinkedIn post saying that my hon. Friend the Member for Milton Keynes North had secured this debate and that we would like views from industry. Generally, people have welcomed what has happened. There are lots of different proposals for how we could fix this: improving the way that fast-track lanes work; a ratings system for developers; digitising the process; competitive pay, as my hon. Friend said; and even a pre-application process so that developers can engage early to address the issues, as we do in the planning process. I encourage the BSR to consider private sector partnerships to build capacity, because I do not believe that we can recruit quickly enough to deal with the problem.
From what I have heard, the fundamental thing that makes a difference to delivery—whether it is in projects or something like the BSR—is culture. We have heard about a “computer says no” approach and a binary blame culture. The BSR does not believe that developers are trying to do the right thing and is bureaucratic and combative. I have heard that 70% of submissions are returned to developers on their first submission. The majority of those returns are not because of safety concerns, but because of documentation errors. That is not what we want the regulator to do. We want it to focus on safety, not ticking boxes. The regulator should be a problem solver, it should be collaborative, and it should help us to deliver brilliant, affordable, safe homes.
When I joined the industry 20 years ago, people talked about Latham and Egan, and about trust, teamwork and collaboration being central to how we deliver things in the sector. Twenty-five years later, that should still be the case. The Construction Leadership Council, co-chaired by my former boss Mark Reynolds of Mace, has done some brilliant work on that, for which I commend it thoroughly.
I end by encouraging the Minister to challenge her officials on the culture that they are creating. It has to be a culture that says, “Yes, let’s do it together,” rather than, “No, come back and try again.” I have a number of questions for the Minister. The BSR has said that it will clear the backlog by 26 January. Does she feel confident that it can achieve that? The Construction Leadership Council co-chair said in front of a Committee that he believes it will be able to get down to a five-week approval process. How achievable is that? Can the Minister commit to making sure that there are more proactive communications on the issue from her Department so that we can start to deal with the negative sentiment in the market, encourage investors to invest in high-rise and mid-rise schemes, and start building the homes that we need in urban areas?
Can the Minister challenge her officials to make sure they are ready for gateway 3? About three weeks ago, I attended a breakfast where the director of one of the UK’s biggest commercial firms told a room of 50 people, to some quite shocked faces, that she had been considering having a year in their programme to deal with gateway 3 beyond gateway 2, as we see projects now come through. That is a real risk, because we will have buildings finished, but the capital that is tied up in them will not be able to be released through sale or rental. It could really collapse the market.
Finally, there is a suggestion that the new construction regulator could envelop the Building Safety Regulator within its remit. That will need primary legislation. It may well come through in the next couple of years, but knowing now how long things take to get through Parliament, we could be waiting until 2028 or 2029. Can the Minister assure us that if the scope expands and we see a construction regulator whose remit includes construction products and other things, we will not lose the focus on building safety and getting that process going?
I have one more ask of the Minister. As the chair of the all-party parliamentary group for excellence in the built environment, our next inquiry will be into the Building Safety Regulator, so I hope that she will help us with evidence and support us in engaging with industry and helping the Government to fix the problem.
Although there have been changes, we need to monitor those changes very quickly. It may well be that what we need is either an outsourcing or—dare I mention the word—competition. A competitive process or regulator could operate alongside the existing process, so that it does not act as too great a block. If it does, we will suffer the worst of all worlds, one in which those who most need new homes in our cities, particularly affordable homes, suffer the most. As a consequence of well-intentioned—but badly implemented and organised—caution and prevention, they will miss out. The numbers are as bad or worse than people fear, particularly in city centres.
The issue also means that people are just not bothering to develop on brownfield sites—I have a number of them in my constituency—because the costs are too great, and because of the fear of the Building Safety Regulator and of ever-more regulation that may make the situation even worse. There is an enthusiastic pressure on the Minister and the Department to listen to these concerns and respond to them with constructive answers and keep everybody updated. As other hon. Members have said, the Minister should communicate that rapidly to industry participants. She needs to give the industry confidence that it is worth bothering to seek planning and start on site on important new housing projects here in the United Kingdom and help us all to create growth, wealth and more homes.
Over the summer, I wrote to the BSR to raise my concerns about its efficiency. In reply it highlighted a high volume of non-compliant applications. My response is to ask, what is it doing to ensure compliance? The BSR should work collaboratively with the sector. Major developers have cited contradictory communications from the BSR about safety standards, which have been exacerbated by a high turnover of staff and have led to unnecessary delays in projects.
A large developer hoping to build 6,000 homes near my constituency in west London described the issues with the BSR as an “existential” threat to its business, and said that in one current application, the BSR team were not even appointed to work on the application until week 15 of what should be a 12-week process. Those issues are having a significant impact on housing delivery, especially in urban and high-density areas, and we have seen massive falls in new housing starts in London in the first quarter of 2025.
Unpredictable and unreliable regulatory processes weaken the attractiveness of investment in British housing developments, leading to delays in projects progressing and causing costs to spiral. We all know that the construction sector is under serious strain—17% of all insolvencies in May 2025 being construction companies—and that this emergency requires an emergency response.
There are many reasons for the construction sector and housing delivery to be weakening, some of which—such as international issues and construction material costs—are out of the Government’s control, but this reason is not out of their control. It appears that an overly adversarial culture has been allowed to develop between industry and the Government over recent years. Although we must look seriously at who was to blame for the failures that led to the horrific scenes at Grenfell, as mentioned by my hon. Friend the Member for Northampton South (Mike Reader), it is important to work collaboratively to solve those issues.
Markets work best when there is a genuine partnership between industry and the Government, and where builders and regulators work together to achieve shared goals. I am pleased, therefore, that the Government announced plans this summer to start moving forward on those issues with a more collaborative model of regulation, and that they have listened to and acted on industry concerns about the capacity of the BSR by hiring 100 new members of staff. I also welcome the new fast-track process being developed and a number of measures that the Government have taken.
We need up-front guidance about expectations, so that everyone understands what is required and expected. I was a cabinet member for planning in a London borough for seven years, and we would have clear planning guidance documents, a pre-application process to discuss applications, and dialogue about applications—not a yes/no, binary, approve-or-reject approach. The view was that the role of planners and regulators should be to resolve issues, approve sustainable development and ultimately support growth. We now need that approach at the BSR.
The BSR needs to focus on crucial safety issues and avoid mission creep. I have heard stories of prolonged discussions and disagreements over the colour of the paint in internal hallways—clearly, the system has not been working. The BSR can and should play a role in restoring the public’s confidence in construction post Grenfell. It should be a vital safety backstop, but it cannot be allowed to become a roadblock to all development. If the BSR loses the trust of industry, loses us investment as housing stalls, and loses the public’s confidence as they are unable to live in new, safe and affordable homes, that would be a regressive step.
I again thank my hon. Friend the Member for Milton Keynes North for securing the debate. I hope the Minister will agree that the BSR must be reformed further and faster if we are to meet our target of 1.5 million new homes.
The safety of housing has been a key theme in this debate, and I wholeheartedly agree with what has been said, especially as we instinctively think of the likes of Grenfell. The devastation that that caused for so many people is imprinted on our minds forever.
We have a housing crisis across the United Kingdom of Great Britain and Northern Ireland. We have homes that are not deemed safe or habitable for our constituents. Work can be completed through the Building Safety Regulator to enforce the maintenance of homes so that they are safe for people and their families, and in Northern Ireland the local building control will do the same.
Ever mindful of your request to be pithy, Sir Desmond, as you always are, I will conclude. We reflect on lessons learned from past tragedies, including Grenfell. Building safety is our moral responsibility. Everyone should have the right to feel safe and sleep soundly at night, knowing that the homes they are in, as well as their places of work, are safe. While England is the Minister’s jurisdiction, I respectfully request that she looks to commit to ensuring that Northern Ireland follows with similar rules and that building legislation be looked at and, more importantly, improved for everyone.