The Building Safety Act 2022 incorporates many of the recommendations of the Hackitt Report ‘Building a Safer Future: Independent Review of Building Regulations and Fire Safety: Final Report’ (2018) following the Grenfell fire (2017). The Act became law after receiving Royal Assent on 28th April 2022. However, the provisions of the Act were drafted to come into force in stages as follows:
- Leaseholder protections for cladding issues and Building Liability Orders came into force on 28th June 2022
- Provisions relating to the role of the newly formed Building Safety Regulator and specific duties for Higher Risk Buildings (HRBs) came into force on 1st October 2023, with details of the BSR charging scheme published on the HSE website in September 2023. An amended BSR charging scheme was published in March 2025 (Building Safety Regulator charging scheme 1 April 2025 (PDF))
- The full regime for HRBs, including the requirement for Building Assessment Certificates, commenced on 1st April 2024.
The Act introduced major changes in the way residential buildings are constructed and maintained, and gives oversight of safety standards for construction products.
Probably the most significant and immediate of those changes was the establishment of a Building Safety Regulator (BSR) in England, embedded within the Health and Safety Executive (HSE).
rradar has already been instructed and advised on cases where the BSR has begun flexing their regulatory muscles in enforcement of the Act.
Role of the BSR
The HSE website states that the BSR was set up under the Act as regulator, to:
- regulate higher risk buildings
- work to help raise safety standards in all buildings
- help professionals in design, construction, and building control, to improve their competence
The BSR’s key areas of responsibility and priorities as set out in Building Safety Regulator strategic plan and the Building Safety Regulator Enforcement Policy Statement are:
- The setting of standards for the design and constructions of higher-risk buildings
- Helping accountable persons manage building safety
- Overseeing the registration of building control bodies and professionals
In fulfilment of its role, the BSR has a number of enforcement powers.
Authorised Officers:
Section 22 of the Act covers Authorised Officers. The BSR can authorise a person in relation to specified paragraphs of Schedule 2 (providing significant investigatory powers). Building owners and businesses should be aware of what an authorised officer can do in pursuit of their duties.
- Entry to non-domestic premises without warrant
An authorised officer can enter any non-domestic premises without a warrant if they believe it’s necessary to do so – at any reasonable time, or at any time if they believe the situation is (or may be) dangerous.
When they do so, they can be accompanied by any person and bring anything they need to carry out their purpose. If they think they’re going to be obstructed while doing so, they can bring a police officer with them. While they’re on the premises, the officer can take measurements, photographs and recordings. They can also seize anything if it looks as though it’s evidence of an offence under the Act.
- Entry to non-domestic premises with warrant
An authorised officer can also apply to a justice of the peace for a warrant in respect of non-domestic premises.
- Entry to domestic premises (with warrant)
If an authorised officer wants to enter domestic premises in the course of an investigation, they can apply to a justice of the peace to obtain a warrant that will allow them to do so.
To obtain that warrant, they will need to show that:
(a) it’s necessary for them to enter the premises for a relevant purpose, and
(b) one of the following conditions is met
(i) that entry to the premises for the relevant purpose has been, or is likely to be, refused;
(ii) that no person entitled to grant entry to the premises can be found;
(iii) that requesting entry may frustrate or seriously prejudice the purpose of entry.
- Power to require information, documents etc
The authorised officer can ask for specified information or documents to be produced and handed over.
If the document is held in electronic form, the person providing it must produce it in a legible form or in a form from which a legible form can be readily produced. They can also inspect and take copies of any document that’s produced on request. Providing it’s for a relevant purpose, the authorised officer can ask for facilities and assistance, and they can set a time limit for provision of these.
However, they must provide the person who they’re asking with a written notice that sets out the relevant paragraph of the Act and the consequence of failing to comply with that requirement.
- Retention of evidence etc
The Act also says that anything that has been seized, or any document that has been produced on request, can be kept for as long as is necessary in all the circumstances.
- Penalties for non-compliance
Anyone who is asked for documents or information and refuses to do so without a reasonable excuse will be committing an offence.
They will be liable:
(a) on summary conviction, to imprisonment for a maximum 12-month term for either-way offences or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
What are ‘summary’ and ‘indictable’ offences?
Offences fall into three main types in UK law:
- Summary only: offences are of lower severity and can only be tried in the Magistrates’ Court
- Either way: a wide range of other offences can be tried in either the Magistrates or Crown Court. These are known as “either way” offences. “Either way” is where the prosecution/defence make representations, then the Magistrates or District Judge decide whether it is suitable for a summary trial or if it should be committed to the Crown Court (having been deemed unsuitable for the Magistrates’ Court).
- Indictable only: the most serious and can only be tried in Crown Court.
Legal Privilege
It’s important to note that an authorised officer’s powers under the Act don’t allow them to seize anything or require a person to produce a document or information if that could be covered by legal privilege.
Offences
If a person intentionally obstructs an authorised officer exercising a relevant building function, they will have committed an offence. This is punishable on summary conviction with a fine not exceeding Level 3 on the standard scale (currently £1,000).
A person who impersonates an authorised officer with the intention to deceive somebody commits an offence. This is punishable on summary conviction with a fine.
Provision of false or misleading information to regulator
If a person provides false or misleading information to the BSR, they will be committing an offence, if that provision is:
(a) in purported compliance with a building enactment or a requirement imposed by virtue of such an enactment,
(b) in connection with an application made to the regulator under a building enactment, or
(c) for the purpose of avoiding enforcement action being taken or continued, and the person knows that it is false or misleading, or doesn’t care whether it is or not.
A person guilty of an offence under this section is liable:
(a) on summary conviction, to imprisonment for a maximum 12-month term for either-way offences or a fine (or both)
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
It will be noticed that these powers and penalties are very similar to those of health and safety inspectors, and that is because until very recently, the HSE was effectively running the BSR.
BSR update as of 27th January 2026
The Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026 (SI 2026/20), will make important changes to the governance and operation of the Building Safety Regulator (BSR). The BSR will transfer functions from the HSE and become a standalone public body (a body corporate overseen by the Ministry of Housing, Communities and Local Government (MHCLG)). This is an important first step in the progression of the BSR to becoming a single construction regulator (as recommended by the Grenfell Tower Inquiry Phase 2 Report).
The BSR will be able to charge for giving advice, conducting research and other associated services.
Minor amendment is also made in the Health and Safety at Work Act 1974, carving out reference to the role of the BSR which previously was dealt with by the HSE.
