The BSR & Local Authorities: A Report on a Critical Partnership

Investigating the working relationship between the national BSR and local authority building control. Is the partnership working effectively to deliver the new safety regime on the ground?. The BSR & Local Authorities: A Report on a Critical Partnership The ambitious vision of the Building Safety Act 2022 (BSA 2022) hinges not just on the creation of the Building Safety Regulator (BSR) but crucially on its effective collaboration with local authority building control (LABC) teams across the UK. As the new safety regime begins to bite, questions are increasingly being asked about the efficacy of this partnership on the ground. While the BSR is the national standard setter and enforcer for higher risk buildings (HRBs), LABC teams remain the primary interface for the vast majority of building work, including many non HRBs that nonetheless fall under the broader safety remit of the BSA. This article delves into the current state of this vital relationship, examining whether the partnership is truly delivering the intended safety outcomes or if friction points threaten to undermine the BSA's overarching goals. Background The Grenfell Tower tragedy exposed systemic failures in the UK’s building safety regulatory framework. The subsequent Hackitt Review recommended a fundamental overhaul, leading to the BSA 2022. A cornerstone of this reform is the establishment of the BSR within the Health and Safety Executive (HSE). The BSR’s mandate is broad: to raise building safety standards, oversee the safety and performance of all buildings, and specifically regulate HRBs throughout their lifecycle – from design and construction to occupation. Before the BSA, building control was primarily delivered by LABC and Approved Inspectors (now Registered Building Control Approvers, RBCAs). These bodies were responsible for ensuring compliance with the Building Regulations, including Approved Document B (ADB) for fire safety. The BSA introduced a new, more stringent regime for HRBs, with the BSR becoming the building control authority for these structures. However, for all other buildings, LABC and RBCAs retain their traditional roles, albeit under the BSR's overarching supervision and guidance. The rationale behind this dual approach was to leverage the existing expertise and local knowledge of LABC teams while introducing a national, consistent, and more robust regulatory body for the most complex and risky buildings. The success of this model, therefore, relies heavily on seamless communication, clear delineation of responsibilities, and a shared understanding of the new safety culture promoted by the BSA. Key Developments Since its inception, the BSR has been actively developing its operational frameworks and engaging with stakeholders. A significant development has been the BSR's role in the Gateway 2 and Gateway 3 processes for HRBs. These gateways represent critical hold points during construction and before occupation, respectively, where the BSR scrutinises safety information and grants approval. This direct regulatory oversight of HRBs is a distinct departure from previous arrangements. For LABC, the BSA has introduced new duties and responsibilities, even for non HRBs. This includes a greater emphasis on competence, with all building control professionals now required to be individually registered with the BSR. This competence framework, coupled with the BSR's oversight function, aims to elevate standards across the entire sector. Furthermore, the BSR has been publishing guidance and engaging in outreach to LABC teams. This includes clarifications on the scope of HRBs, the application of new duties, and the interface between BSR and LABC roles. For instance, while the BSR is the building control authority for HRBs, LABC teams may still be involved in ancillary aspects or in cases where a building transitions from being an HRB to a non HRB, or vice versa, creating potential for jurisdictional ambiguities. The Fire Safety (England) Regulations 2022, which came into force in January 2023, also place new duties on Responsible Persons under the Regulatory Reform (Fire Safety) Order 2005 (RRO 2005) for multi occupied residential buildings. While the fire and rescue services remain the primary enforcers of the RRO, the BSR's overarching safety remit and its interaction with fire safety in HRBs means a tripartite relationship between BSR, LABC, and fire and rescue services is increasingly necessary. This complex web of responsibilities demands unprecedented levels of coordination. Regulatory Implications The BSA 2022 fundamentally shifts the regulatory landscape. For LABC, the implications are profound. They are no longer simply enforcing Building Regulations; they are operating within a new ecosystem overseen by the BSR. This includes: Enhanced Competence Requirements: The requirement for individual registration with the BSR and ongoing competence assessments means LABC professionals must demonstrate a higher level of expertise