New Era in Building Safety: MHCLG Assumes Direct Control—Key Implications for Surveyors
On 30 June 2025, the UK government announced a landmark move: the Ministry of Housing, Communities and Local Government (MHCLG) is now directly responsible for building safety regulation, replacing the Health and Safety Executive. The aim? To speed up housebuilding, cut red tape, and restore sector confidence—while embedding the lessons of Grenfell. For surveyors, this isn’t just bureaucracy: it’s a new world of compliance, risk, and opportunity.
Key Points for Surveyors
- MHCLG now runs building safety, promising faster Gateway 2 approvals and a fire-focused approach.
- New “Fast Track” process: Only compliant submissions will move quickly—get your documentation right!
- EWS1 forms & BACs remain crucial for valuations and conveyancing—expect demand to rise.
- Separation of roles: No more “double hatting” for warranty and building control.[2.1, 48]
- 30-year liability: Defects have never had a longer tail. Diligence is more critical than ever.
Why the Regulator Change?
The world of building safety regulation has shifted on its axis (again). The government’s decision to bring the Building Safety Regulator (BSR) in-house under MHCLG is being billed as the answer to long-standing delays and inefficiency, particularly with Gateway 2. With the full handover expected by the end of 2025, it is hoped that clearer leadership, a joined-up fire safety policy, and the foundations for a single construction regulator will be established, as Dame Judith Hackitt advised after the Grenfell tragedy.
Where Did BSR Fall Short?
While the BSR was created with noble aims (thanks to the Building Safety Act 2022 ), it struggled with major bottlenecks. Gateway 2 approvals—meant to take 12 weeks—routinely stretched to nearly a year or even two, leaving over 800 tall buildings in development limbo. For developers, this meant burning through an estimated £10,000 per week, per project.
Worse, over 70% of Gateway 2 applications were rejected due to poor documentation, creating a feedback loop of frustration. Surveyors who prepare or check these documents were (and are) key to breaking the deadlock.
Table 2: Impact of BSR Delays on Gateway 2 Approvals (Pre-Reform)
| Metric | Pre-Reform Performance (Early 2025) | Intended/Target Performance | Source Snippets |
| Intended Approval Time (Gateway 2) | N/A | 12 weeks for new builds; 8 weeks for refurbishments | |
| Actual Approval Time (Gateway 2) | 40-48 weeks (often double, sometimes up to 2 years) | 12 weeks | |
| Approval Rate (Gateway 2) | Barely 10-14% approved | Significantly higher | |
| Number of Stalled Schemes (Gateway 2) | Over 800 buildings over 18m stuck (start of 2025) | Minimal | |
| Estimated Cost of Delays per Building | £10,000 per week for Gateway 2 delays | Minimal | |
| Rejection/Invalidation Rate | Over 70% due to poor documentation | Significantly lower |
What’s New Under MHCLG?
The transfer of BSR functions to MHCLG signals a direct and decisive intervention by the government to tackle the inefficiencies that have hampered building safety approvals. This strategic move is designed to foster a "more coherent approach to keeping people safe from fire in their homes" by consolidating fire safety functions under the same ministerial purview as housing and broader building safety.
Leadership from the fire safety frontline: Andy Roe (former London Fire Brigade Commissioner) is in the chair, signalling a sharper focus on practical fire risk. Charlie Pugsley, Assistant Commissioner of Fire Safety, will serve as the new Chief Executive Officer.
“Fast Track” processing for compliant submissions: This initiative is specifically designed to "enhance the processing and review of existing newbuild cases and remediation decisions". But don’t be fooled—only well-prepared applications will benefit. As ever, rubbish in = rubbish out.
Over 100 new staff members (mainly inspectors and engineers): The goal is to reduce delays, increase in-house expertise, and decrease reliance on external consultants.
The bottom line? Surveyors who master documentation will see their projects move more quickly; those who don’t will be left waiting.
Table 1: Key Changes in BSR Oversight (MHCLG vs. HSE)
| Feature | Previous Oversight (Under HSE) | New Oversight (Under MHCLG) |
| Host Department/Body | Health and Safety Executive (HSE) | Ministry of Housing, Communities and Local Government (MHCLG) |
| Leadership | HSE oversight | Andy Roe (Non-Exec Chair, former LFB Commissioner), Charlie Pugsley (CEO, LFB Asst. Commissioner) |
| Primary Focus | Regulating HRBs, raising safety standards of all buildings, and promoting competence | Accelerate housebuilding, unblock delays, boost confidence, and centralise fire safety. |
| Key Initiatives | Establishing the BSR, the initial regulatory framework | New "Fast Track Process," 100+ new staff (building inspectors/engineers), fresh investment |
| Stated Goal of Change | N/A (Move was "always an option" for HSE) | Overcome delays, deliver 1.5m safe homes, and pave the way for a single construction regulator. |
Direct Impact: What Surveyors Need to Do
The recent reforms and the ongoing evolution of building safety legislation have profound and multifaceted implications for residential property surveyors across the UK. Your role is becoming increasingly complex, requiring enhanced expertise, deeper due diligence, and a keen awareness of market dynamics influenced by regulatory shifts.
- EWS1 forms: Still widely demanded by lenders for 5+ storey buildings—even where the government says not required. Up-to-date EWS1s are now a regular “ticket to trade”. The process of obtaining EWS1 forms continues to be plagued by significant delays, typically ranging from 8 to 16 weeks for standard buildings, with more complex cases taking even longer, primarily due to an "acute shortage of qualified professionals".
- BACs (Building Assessment Certificates): The new must-have for higher-risk buildings, soon to be a standard part of HRB conveyancing. Surveyors will need to interpret and explain these, not just file them.
- Separation of roles: The BSR now mandates the separation of surveyor roles: developers are no longer permitted to use the same surveyor for both structural warranty and building control inspections.[2.1, 48] If you’ve previously provided both building control and warranty inspection, it’s time to pick a side! (Or coordinate with a new partner.)
- 30-year liability: The Building Safety Act 2022 introduces stringent new legal duties for all individuals and organisations engaged in the design, construction, or refurbishment of buildings, requiring them to demonstrate competence in their respective roles. Yes, you read that right—potential defects dating back to 1995 could land on your desk. Your reports, record-keeping, and advice have just become significantly more important.
Practical Example
Case in point: A buyer looking at a 12-storey block from 1998 will likely need both an EWS1 and a BAC. If you spot a cladding defect from 2005, it’s still fair game under the new 30-year window. Expect more questions, more documentation, and more reliance on your professional judgment.
Broader Regulatory Context: Levy & Expansion on the Horizon
Beyond the direct operational changes to the BSR, the broader regulatory landscape is also undergoing significant shifts that will impact residential property surveys.
- Building Safety Levy: Due in Autumn 2026, this new charge affects nearly all developments with 10 or more plots, directly impacting viability, pricing, and new-build survey work. The government projects that this levy will raise £3 billion over the next ten years.
- “HRB” threshold dropping from 18m to 11m: Watch out—thousands of extra blocks will soon count as “higher risk”. More specialist work (and new qualifications) are likely to be needed.
Table 3: Key Implications for Residential Property Surveyors
| Area of Impact | Key Implications for Residential Property Surveyors |
| Separation of Roles | Mandated independence for structural warranty & building control inspections to avoid conflicts of interest.[2.1, 48] |
| EWS1 Forms | Continued market relevance, especially for 5+ storey buildings, driven by lender requirements despite policy shifts; ongoing shortage of qualified assessors leading to delays. |
| Building Assessment Certificates (BACs) | New mandatory document for HRB conveyancing; requires surveyors to interpret, understand limitations, and advise on implications of presence/absence. |
| Professional Competence | Legal duty to demonstrate competence across all roles in the built environment; need for continuous professional development to meet evolving standards. |
| Due Diligence & Liability | An extended 30-year look-back period for "relevant defects" significantly increases the scope of risk assessment and potential liability. |
| Building Safety Levy | A new cost burden on almost all new residential developments impacts project viability, requiring integration into financial modelling and advice. |
| HRB Scope Expansion | The anticipated lowering of the HRB threshold to 11m will bring thousands more buildings under the stringent BSR regime, dramatically increasing demand for specialist services. |
Industry Outlook: Challenges, Opportunities, and the Path Forward
The recent reforms to the Building Safety Regulator, particularly its transfer to MHCLG, mark a pivotal moment for the UK property industry. While significant challenges remain, these changes also present new opportunities for residential property surveyors.
The government's reforms, including the introduction of a "Fast Track Process" and the substantial increase in BSR staffing, are a direct and necessary response to the severe delays and low approval rates that have plagued the regulator. The BSR and MHCLG are actively engaging with the sector to improve the quality of applications and reduce the high rate of rejections.
The regulatory environment surrounding building safety is highly dynamic and subject to continuous refinement. This is evidenced by the ongoing inquiry launched by the House of Lords Industry and Regulators Committee, which is seeking views from stakeholders on the BSR's resources, skills, and the effectiveness of its regulatory framework.
Action – What You Should Do Now
- Review your Gateway 2 documentation process—accuracy and completeness will be rewarded.
- Keep up to date with MHCLG and RPSA guidance—there’s more change ahead.
- Consider training or upskilling in BACs, HRB documentation, and fire safety.
- Advise clients on delays and insurance impacts if forms or certificates are missing or inadequate.
- Check your professional indemnity cover—that 30-year look-back could catch anyone out.
Conclusion: Building a Safer Future, Together
The MHCLG’s takeover marks a defining moment for the sector: a fresh start (we hope), but also higher standards, sharper scrutiny, and much greater professional risk. The opportunity for surveyors? To move from “tick-box” compliance to trusted advisor status, helping clients navigate complexity and champion safer homes for all.
Adapt. Upskill. Stay engaged. The profession’s reputation—and homeowners’ safety—are counting on it.
Legal Pointers and Disclaimers: This article is correct as of 1 July 2025 and is intended for general guidance only. The Building Safety Act 2022 is the primary legislation; however, rules and interpretations may be subject to change. Always check the MHCLG, RPSA, and RICS updates for the latest details. The 30-year liability window for “relevant defects” highlights the importance of maintaining comprehensive records and providing clear client advice.
