The BSR: Unacceptable delays or are matters improving?

Background

After the Grenfell Tower tragedy, the Building Safety Regulator ("BSR") was established under the Building Safety Act 2022 to oversee and improve safety in high-risk buildings. The BSR implemented a gateway process consisting of checkpoints to ensure the construction of a building could only begin after receiving approval that the design meets all building safety requirements. Gateway 2, known as the pre-construction phase has proved difficult in recent months, receiving criticism for the delays caused to the construction and remediation of buildings.

However, recent data published in November suggests that Gateway 2 is finally gaining momentum, with data from building control approval applications showing that decision-making has accelerated and is starting to keep pace with new submissions to the BSR.

House of Lords: 'Unacceptable Delays'

While the data shows a positive improvement, on the 11^th December 2025, the House of Lords Committee (the "Committee")  criticised the BSR for causing 'unacceptable delays' at Gateway 2. These delays have resulted in increasing costs for leaseholders, with unsafe buildings requiring cladding remediation and refurbishment. In turn, developers face prolonged project timelines and increased financial liabilities.

With persistent delays from the BSR, the government is at risk of failing to reach their target of building 1.5 million homes by 2029. This is particularly a concern where high rise buildings account for 25% of new homes built.

Key points raised by the Committee

Applications are being rejected due to basic errors and failure to demonstrate thorough evidence of fire and structural safety within buildings. Applicants therefore fall short of meeting the required criteria to seek approval from the BSR, adding to the delay. However, the Committee has found that those working closely with the BSR feel there is a lack of guidance as to how to demonstrate building safety within an application. This persistently delays approvals being made.

Another point emphasised by the Committee was the lack of regulation regarding construction products; something that was also raised by the Grenfell Inquiry (the "Inquiry"). The Inquiry considers that stricter regulation of construction products and the adoption of widely recognised industry standards would help build greater confidence in the safety of materials used in buildings.

The building control approval application data – November 2025

The BSR's Innovation Unit ("IU")

Recent data up to 24 November highlights a 73% approval rate across all application types to the BSR. A recently established IU within the BSR, which consists of registered building inspectors and technical engineers, has been set up to deal with new build applications. The IU demonstrated a responsive validation time and median rejection time of 11 weeks. This quicker turnaround enables applicants to address key issues in rejected applications. The IU is now managing 73 live new building applications compared to only 27 in October 2025, a significant increase which should mean a quicker turnaround time for BSR applications. 

Staged Approvals

Further, the BSR is now utilising the 'approval with requirements route' with applications being approved subject to conditions. This ensures applicants with minor errors do not have to start from scratch and so regulators do not have to oversee the same application twice – further increasing the efficiency of both rejections and approvals made. With design and build being a frequently used procurement method in the house building sector, staged approvals will help to support where design and construction phases overlap. However, this appears contradictory to what the original purpose of the BSR was; which was to ensure people could only begin building once full approval was given. 

A more optimistic future?

While increasing pressure remains on the BSR to clear the backlog, we are seeing the benefits of the IU and use of a specialised team to address specific applications for new buildings. While progress may appear to be slow, it is clear that the BSR is proactively implementing new strategies to address the bottlenecks we have witnessed in recent months.