Building Safety Regulator Enforcement in 2026: What Responsible Persons Must Do Now

TL;DR

• The Building Safety Regulator shifted into active enforcement mode in 2024 and is accelerating inspections through 2026.

• Every Principal Accountable Person must have their higher-risk building registered, a completed Safety Case, and a Safety Case Report available on demand.

• BSR inspections cover registration accuracy, Safety Case quality, Mandatory Occurrence Reporting records, and the Golden Thread.

• Non-compliance carries criminal sanctions: unlimited fines for organisations and up to two years imprisonment for individuals.

• Passive fire protection, including compartmentation, fire stopping, and fire doors, is a primary area of BSR inspection scrutiny.

The Building Safety Regulator (BSR) is no longer in its setup phase. After the Building Safety Act 2022 came into force and the registration deadline for higher-risk buildings passed in October 2023, the BSR has entered a sustained period of proactive enforcement. If you are a Principal Accountable Person, an Accountable Person, or a Building Safety Manager for a higher-risk building in England, you need to understand precisely what the BSR expects and what the consequences of non-compliance are in 2026.

This article explains who the Responsible Persons are under the Act, what the BSR is actively focusing on this year, what a BSR inspection involves, and the practical compliance steps you should take now.

What Is the Building Safety Regulator?

The Building Safety Regulator was established under the Building Safety Act 2022 and sits within the Health and Safety Executive (HSE). Its purpose is to oversee a new regulatory regime for higher-risk buildings (HRBs) in England. An HRB is defined as a building that is at least 18 metres in height, or at least seven storeys, and contains at least two residential units.

The BSR has three statutory functions:

• Overseeing the safety and standard of all buildings in England.

• Directly regulating higher-risk buildings during design, construction, and occupation phases.

• Assisting and encouraging competence improvements across the built environment professions.

It is the occupation phase that creates the most immediate day-to-day obligations for building owners, landlords, and managing agents.

Who Are Responsible Persons Under the Building Safety Act?

The Act introduces specific legal roles for those responsible for higher-risk buildings during occupation. These roles are separate from the Responsible Person under the Regulatory Reform (Fire Safety) Order 2005, though there is significant practical overlap.

Principal Accountable Person (PAP)

The Principal Accountable Person is the person or organisation with the most control over the common parts of a higher-risk building. This is typically the freeholder or head leaseholder. The PAP holds primary responsibility for registering the building with the BSR, maintaining the Safety Case, preparing the Safety Case Report, operating the Residents Engagement Strategy, and appointing a Building Safety Manager where appropriate.

Accountable Person (AP)

Where a building has multiple parties controlling different parts of the common areas, each is an Accountable Person with individual legal duties. APs must cooperate with the PAP to ensure a coherent Safety Case covers the entire building.

Building Safety Manager (BSM)

The mandatory Building Safety Manager role was removed from the legislation before it came into force. However, PAPs retain the option to appoint a BSM, and many organisations do so to manage day-to-day compliance obligations. Where a BSM is appointed, they typically act as the point of contact for residents and the BSR.

What the BSR Is Focusing on in 2026

Based on published HSE guidance, BSR enforcement notices, and sector intelligence, the following areas are receiving the most active BSR attention in 2025 and 2026.

• Registration completeness: All higher-risk buildings were required to be registered by October 2023. The BSR is pursuing buildings that remain unregistered and those with materially incomplete or out-of-date registration information.

• Safety Case quality: Inspectors are distinguishing between credible, building-specific Safety Cases and generic documents. Safety Cases lacking building-specific evidence are being challenged.

• Safety Case Report availability: PAPs must be able to produce a Safety Case Report within 28 days of a BSR request. Those who have not yet prepared one face a significant compliance risk.

• Mandatory Occurrence Reporting (MOR): The BSR expects prompt, complete reporting of prescribed occurrences. Under-reporting and late reporting are treated as serious failures.

• Residents Engagement Strategy: PAPs must demonstrate that residents are genuinely informed and that the strategy is kept current.

• Golden Thread maintenance: The digital record of building information must be complete, current, and accessible. Outdated or incomplete documentation is a source of enforcement action.

Key Compliance Obligations for Responsible Persons

The following obligations apply to all PAPs and APs for higher-risk residential buildings in England.

Building Registration

Your building must be registered with the BSR through the HSE online portal. Registration requires accurate information about the building's address, height, storeys, number of residential units, and the identity of the PAP and all APs. Failing to register, or providing false information, is a criminal offence.

Safety Case

The Safety Case is the PAP's structured analysis of the structural and fire safety risks specific to the building, and the measures in place to manage those risks. It must be proportionate to the actual characteristics and risks of the building concerned.

Passive fire protection is a core element of the fire safety component of the Safety Case. This includes the condition and integrity of fire compartmentation, fire stopping, and fire doors throughout the building. Professional surveys with written findings reports are the appropriate way to evidence this element of the Safety Case.

Safety Case Report

The Safety Case Report is a summary of the Safety Case that must be produced within 28 days of a BSR request. PAPs should prepare a draft Safety Case Report and keep it updated rather than waiting for a BSR request before starting work on it.

Residents Engagement Strategy

PAPs must produce a written Residents Engagement Strategy setting out how residents will be involved in building safety decisions. The strategy must be made available to residents and updated whenever material changes occur in the building or its management arrangements.

Mandatory Occurrence Reporting

PAPs and APs must report prescribed occurrences to the BSR using the HSE online MOR system. Prescribed occurrences include structural failures, failure of fire safety systems, and any situation where the building presents a significant risk to residents. Reports must be submitted as soon as practicable and no later than 10 days after the occurrence comes to the PAP's attention.

Fire Safety Obligations

In addition to the Building Safety Act, PAPs and APs for residential buildings remain subject to the Regulatory Reform (Fire Safety) Order 2005 as Responsible Persons. This requires a current Fire Risk Assessment and an ongoing inspection programme for active and passive fire safety systems. A regular fire door inspection programme is a required component of demonstrating compliance with both the FSO and the Building Safety Act Safety Case.

What to Expect from a BSR Inspection

The BSR conducts both planned and reactive inspections of higher-risk buildings. Reactive inspections are triggered by MOR notifications, resident complaints, information from fire and rescue services, or other intelligence.

During an inspection, BSR officers will typically:

• Review the building's registration record and verify it is accurate and current.

• Request and assess the Safety Case for credibility and proportionality.

• Review the Safety Case Report and test whether it accurately reflects the Safety Case.

• Check MOR records and assess whether all required occurrences have been reported promptly.

• Review the Residents Engagement Strategy and check evidence of actual engagement activity.

• Inspect the Golden Thread documentation for completeness and accessibility.

• Conduct a physical walkround of common areas, plant rooms, service risers, and other elements to verify the building condition matches the Safety Case.

Following an inspection, the BSR can issue a Compliance Notice requiring specific remedial action by a set date. Failure to comply can result in prosecution. In serious cases, the BSR can apply to a court for an Occupation Order preventing residential use of the building until safety is demonstrated.

Practical BSR Compliance Checklist for 2026

Use this checklist to identify gaps in your current compliance position.

• Building registered with the BSR: confirm registration is live, accurate, and includes current contact details for the PAP and all APs.

• PAP and AP roles formally documented in writing and matching the BSR registration record.

• Safety Case completed and reviewed within the last 12 months, reflecting the current condition and management arrangements of the building.

• Safety Case Report drafted and available for BSR inspection without delay.

• Fire compartmentation survey completed within the last three years by a specialist with a written findings report.

• Fire stopping survey and remediation records current, with defects remediated within a documented programme.

• Fire door inspection programme in place for all fire doors including flat entrance doors, with written records maintained.

• Residents Engagement Strategy published, accessible to residents, and updated following any significant changes.

• MOR log maintained as part of the Golden Thread, recording all occurrences, decisions, and reporting actions.

• Golden Thread documentation current and capable of being retrieved and shared with the BSR within a reasonable timeframe.

For support with the passive fire protection elements of your Safety Case, including compartmentation surveys, fire stopping inspections, and fire door audits, visit our passive fire protection services page or contact our team directly.

Frequently Asked Questions

Does the Building Safety Act apply to commercial buildings?

The higher-risk building regime applies specifically to residential buildings that are 18 metres or taller, or seven or more storeys, with at least two residential units. Commercial buildings are generally outside the scope of the regime. Mixed-use buildings are assessed based on whether the relevant floors contain residential accommodation.

What is the deadline for producing a Safety Case Report?

There is no proactive statutory deadline for preparing a Safety Case Report. However, PAPs must provide one to the BSR within 28 days of a formal request. Waiting until a request arrives is a high-risk approach: PAPs who have not already prepared a Safety Case Report are unlikely to produce a credible document within 28 days.

Can the BSR prosecute individuals, or only organisations?

The Building Safety Act creates individual criminal liability for PAPs, APs, and other duty holders. Company directors and senior managers can also be personally prosecuted where an offence is committed with their consent, connivance, or through their neglect. Both individuals and organisations can be prosecuted, with unlimited fines and up to two years imprisonment for individuals.

How detailed does a Safety Case need to be?

The Act requires the Safety Case to be proportionate to the specific risks of the building. There is no prescribed format or minimum length. However, it must demonstrate that the PAP has genuinely assessed building-specific risks and that the measures in place are adequate. Generic documents copied from templates without building-specific evidence are unlikely to satisfy a BSR inspector.

Is a passive fire protection survey required for the Safety Case?

Yes. Passive fire protection integrity, including fire compartmentation, fire stopping, and fire doors, is a core component of the fire safety element of the Safety Case. PAPs should commission professional surveys to assess these elements and obtain written findings reports. We provide fire compartmentation surveys across London and England as well as fire stopping survey and remedial works to support Safety Case preparation.

What happens if a building was not registered by the October 2023 deadline?

Failure to register a higher-risk building by the deadline is a criminal offence. If your building is still unregistered, you should submit a registration application immediately and seek legal advice. The BSR has been prioritising enforcement against unregistered buildings, and the risk of prosecution increases the longer the position is not rectified.

How often should the Safety Case be reviewed?

The Building Safety Act does not specify a statutory review interval. BSR guidance indicates that the Safety Case should be reviewed whenever there are material changes to the building, its management, or its risks. An annual review is considered good practice, and the Safety Case should always be updated following a fire risk assessment review, a compartmentation survey, or any significant building works.