The Building Safety Regulator (BSR) plans to modify how it issues building assessment certificates (BACs).
The proposed new approach will be more proportionate and targeted. It will also offer greater support to resident-led principal accountable persons (PAPs).
The building assessment certificate foundation plan responds to feedback from PAPs, financial institutions and other stakeholders. It addresses the implementation of requirements for occupied higher-risk buildings (HRBs) introduced in the Building Safety Act 2022.
The plan aims to
- ensure building safety legal duties remain in place for more than 6,000 legally responsible PAPs and accountable persons (APs) of HRBs across England while the plan is developed
- apply learning from the introduction of the BAC regime to improve assessment processes
- only call in new applications when necessary until improved processes are agreed and communicated to duty holders
- prioritise applications already undergoing an assessment
- explore options for proportionate, fast-track reassessments for previously refused certificates once standards are met
- provide greater, more targeted support to resident-led PAPs
- help protect residents and leaseholders from unnecessary or unexpected costs
- continue to work with the Ministry of Housing, Communities and Local Government (MHCLG) to inform potential long-term legislative changes
Ongoing duties of PAPs and APs under the act remain in place. Whatever changes are made to how BSR approaches its work on BACs, all PAPs and APs must continue to manage their buildings to ensure residents are safe from the risks of fire spread and structural failure.
Considerable progress alongside ongoing challenges
Since the BAC process started in April 2024, BSR has directed PAPs to apply for certificates for nearly 2,000 buildings.
BSR originally prioritised assessing the buildings with the most significant risks. This was based on information PAPs supplied when HRBs were first registered with BSR, including
- height
- number of apartments
- presence of combustible aluminium composite material
- whether buildings used large panel system construction methods
BSR has made significant progress with the regime, having streamlined processes and increased engagement. However, it continues to face challenges. Assessment processing times, which are twice as long as initially expected and so far this year, 66% of applications have been refused.
BSR has found that refusals often occur because applications focus on process compliance rather than effective management of safety.
BSR recognises that many volunteer-led resident management companies, commonhold and Right to Manage organisations have struggled to navigate these new legal requirements.
This has often led to BSR refusing to issue a BAC as applications did not show adequate arrangements to address the risks of fire spread and structural failure. These difficulties have led to added or unforeseen costs being passed on to residents.
A new intelligence-led and risk-based approach
To address these challenges, BSR will shift its approach to ensure it is more proportionate, intelligence-led, and risk-based. During this transition, BSR will concentrate on working through existing applications until future processes are finalised.
This will include
- modifying the risk-based approach, initially concentrating on organisations responsible for multiple HRBs
- carrying out sample interventions based on risk or intelligence about buildings, organisations or duty holders
- granting smaller, volunteer-run resident management companies more time to prepare their evidence
- supporting applicants whose applications are being processed, as well as those who were previously refused and given building safety actions to complete before reassessment
Resident-managed buildings need support to prepare for future inspections while continuing to meet their legal duties. Providing this help will significantly reduce the likelihood of avoidable refusals and could cut associated financial burdens on leaseholders and other residents.
BSR is also working closely with MHCLG to review the impact of the regime, including the cost to leaseholders, before agreeing a new system and timescales for future assessments.
Providing greater support to resident-led PAPs
Work is already underway to introduce measures to help duty holders to submit high-quality evidence of how they are meeting their ongoing fire and structural safety duties.
These include
- simplified assessment criteria will be published to make expectations clearer for both applicants and assessors
- clearer technical guidance will be developed with professional bodies to clarify what constitutes a suitable structural and fire risk assessment
- a single point of contact for PAPs responsible for multiple HRBs, such as local authorities, housing associations, and larger landlords
- exploring the provision of pre-application advice and support with a named BSR contact, designed specifically for the more than 2,000 resident-managed HRBs
Initial updated resources are expected to be available from September 2026. BSR will keep duty holders and building owners informed about additional resources and support as they become available.
BSR will also produce information for duty holders to give to high-rise residents about how and why future assessments could be carried out.
Ongoing role of duty holders
While BSR is resetting the assessment process, the legal duties under the act remain firmly in place.
Whatever changes are made to how BSR approaches its work on BACs, all PAPs and APs must continue to manage their buildings to ensure residents are safe.
Obtaining a certificate or approval is not the end goal. All PAPs and APs must proactively prevent and mitigate the spread of fire and structural failure.
PAPs also continue to be legally required to
PAPs must not wait for any future assessments before preparing safety case reports. These legal duties have been enforceable since January 2024.
BSR will continue to refine its guidance to help duty holders embed a lasting culture of building safety.
Targeted package of measures
Lord Roe, BSR Board Chair, said
We recognise the first rollout of the building assessment certificate regime presented significant challenges and costs for duty holders, with determination times and refusal rates falling short of our expectations.
This shift in strategy and our longer-term plans are a clear and practical targeted package of measures to reset the system.
By doing this and supporting all accountable persons to carry out their essential and ongoing legal duties, we can ensure many high-rise residents see the high safety standards they deserve and expect, without facing additional financial burdens.
Charlie Pugsley, Acting CEO of BSR, said
As we enter an important new chapter as a standalone body, our priority is on strengthening safety, building trust and working together with industry.
Speed cannot come at the cost of safety, but neither can unnecessary complexity. We are committed to a new proportionate approach to assessments as well as providing updated guidance, resources and support.
This is so duty holders, especially those in resident-managed buildings, are ready to demonstrate compliance whenever asked.
Meeting these standards will ensure residents in thousands of high-rise buildings across England feel safe and are safe in their homes.
