The Building Safety Act 2022 regime entered a new phase in 2026. The Building Safety Regulator (BSR) is now an independent body with its own governance and enforcement powers. The Building Safety Levy has come into force, creating a dedicated funding stream for cladding remediation. And Personal Emergency Evacuation Plans (PEEPs) became a legal requirement on 6 April 2026. If you manage a higher-risk building, here is what changed, what it means for you, and what you need to do.
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If you want a comprehensive overview of the full Building Safety Act -- what it covers, who it applies to, key roles, requirements, and penalties -- read our Building Safety Act Complete Guide.
BSR Independence: What Changed and Why It Matters
On 27 January 2026, the BSR formally separated from the Health and Safety Executive (HSE) to become a standalone body under the Ministry of Housing, Communities and Local Government (MHCLG).
This is not a bureaucratic reshuffle. It means:
- Own governance and leadership. The BSR now has its own chief executive, board, and strategic priorities, rather than operating as a division within HSE. This gives building safety regulation a permanent institutional home.
- Dedicated budget and resources. Separation from HSE means the BSR controls its own funding, staffing, and enforcement resources. It can hire specialists, invest in digital systems, and scale its inspection capacity independently.
- Stronger enforcement posture. As a standalone regulator, the BSR is actively moving from guidance to enforcement. It is assessing Building Assessment Certificate applications substantively, requesting safety case reports from Principal Accountable Persons, and issuing compliance notices where buildings fall short.
- Path to single construction regulator. The government's stated ambition is for the BSR to evolve into a single construction regulator covering building safety, building standards, and construction product regulation. Independence from HSE is the first step.
What building managers need to do
The BSR's independence does not create new legal duties for building managers. Your obligations under the Building Safety Act 2022 remain the same. However, the practical implication is clear: enforcement will become more frequent and more rigorous.
Action items:
- Ensure your Golden Thread is up to date. The BSR can request your Key Building Information at any time under section 89 of the Act. An incomplete or outdated record signals that you are not managing your building effectively.
- Review your Building Assessment Certificate application. If you have not yet applied, do so promptly. The BSR is conducting substantive reviews, not rubber-stamping applications.
- Establish an internal compliance review cycle. With a more active regulator, reactive compliance is no longer sufficient. Set quarterly reviews of your fire safety systems, document currency, and contractor certifications.
See how compliance software helps you stay BSR-ready
The Building Safety Levy: Who Pays and How It Works
The Building Safety Levy was introduced under Part 3 of the Building Safety Act and came into force in 2026. It creates a dedicated funding mechanism for remediating unsafe cladding on existing buildings across England.
How the levy works
- Who pays: Developers seeking building control approval for certain new higher-risk residential buildings in England. The levy is paid at the point of seeking building control approval for qualifying new developments.
- What it funds: The proceeds go towards the cost of remediating buildings with unsafe cladding, supplementing the existing Building Safety Fund and the developer-funded remediation programmes.
- Rate setting: The Secretary of State sets the levy rates, which may vary by building type, location, and scale. The Building Safety (Levy) (England) Regulations provide the framework for calculation and collection.
- Exemptions: Social housing developments, care homes, hospitals, and military housing are exempt from the levy under the current framework.
What this means for building managers
The Building Safety Levy does not apply to existing building managers or leaseholders directly. You will not receive a levy bill. However, it signals three important things:
- Long-term government commitment. The levy creates a permanent funding stream, indicating that building safety is not a temporary post-Grenfell initiative but a permanent regulatory domain.
- Remediation acceleration. Additional funding should accelerate cladding remediation programmes. If your building has outstanding cladding issues, this could mean faster resolution through funded schemes.
- Market signal for compliance investment. The levy reinforces that the cost of unsafe buildings will be borne by the industry. Investing in compliance systems and proactive safety management is not optional expenditure --- it is the cost of operating in a regulated market.
Action items:
- Check your building's remediation status. If your building has cladding concerns, review whether it qualifies for funding under the Building Safety Fund or developer-funded remediation schemes.
- Communicate with leaseholders. Residents will have questions about the levy and remediation funding. Proactive, clear communication reduces anxiety and demonstrates responsible management.
Evacuation Regulations: PEEPs Are Now Mandatory
Personal Emergency Evacuation Plans (PEEPs) became a legal requirement on 6 April 2026 for all higher-risk buildings in England. This is one of the most operationally significant changes in the Building Safety Act regime.
What the law requires
Under the Fire Safety (England) Regulations 2022 as amended, Responsible Persons for higher-risk buildings must:
- Identify residents who need assistance. This includes residents with mobility impairments, sensory impairments, cognitive conditions, temporary injuries, or any other condition that could affect their ability to self-evacuate.
- Create individualised plans. Each identified resident must have a Personal Emergency Evacuation Plan that details how they will be evacuated, who will assist them, what equipment is needed, and what the escape route is.
- Share plans with fire and rescue services. The relevant fire and rescue authority must have access to PEEPs information so they can plan their response effectively.
- Review plans regularly. PEEPs must be reviewed whenever a resident's circumstances change, when the building's fire strategy changes, or at minimum annually.
Practical implementation
PEEPs implementation requires more than paperwork. Here is what effective compliance looks like:
- Resident engagement. You need a process for identifying residents who need PEEPs. This means written communication to all residents explaining the requirement, a way for residents to self-identify or be identified through building management interactions, and clear assurance that PEEPs information is handled sensitively.
- Assessment process. Each identified resident needs an individual assessment. This should be conducted by someone with appropriate training, cover mobility, sensory, and cognitive needs, and result in a documented plan.
- Equipment and infrastructure. Some PEEPs may require evacuation equipment (evacuation chairs, refuges, communication systems). Budget for these and ensure they are maintained and tested.
- Staff and contractor awareness. Everyone involved in building management --- concierge staff, security personnel, maintenance contractors --- should know that PEEPs exist and understand their role in an evacuation.
- Regular review cycle. Set a schedule for PEEPs reviews. Annual reviews are the minimum; more frequent reviews are appropriate for buildings with high resident turnover.
Action items:
- If you have not started PEEPs implementation, begin immediately. The deadline has passed. Non-compliance is now enforceable.
- Audit your current PEEPs for completeness. If you implemented PEEPs before the deadline, review them against the regulatory requirements to ensure nothing was missed.
- Set up a review calendar. PEEPs are living documents. Establish a process for triggering reviews when residents move in or out, or when circumstances change.
Read the complete PEEPs implementation guide
Other 2026 Developments
Beyond the three headline changes, several other developments in 2026 affect higher-risk building managers:
Mandatory Occurrence Reporting Enforcement
Mandatory occurrence reporting under section 87 of the Act has been in force since April 2024, but 2026 has seen the BSR take a harder line on underreporting. If you do not have a clear internal process for identifying and submitting reportable structural and fire safety incidents, establish one now. Our mandatory occurrence reporting guide walks you through the process step by step.
Building Assessment Certificate Reviews
The BSR is now actively processing Building Assessment Certificate applications and has signalled that rejection rates are significant. The most common reasons for refusal include incomplete Golden Thread records, gaps in fire risk assessment action tracking, and missing evidence of resident engagement. Your application is not a formality --- treat it as an assessment of how well you manage building safety. See our Building Assessment Certificate guide for a full preparation checklist.
Service Charge Transparency
The Building Safety Act's service charge provisions continue to tighten transparency requirements. Leaseholders have enhanced rights to information about building safety costs. If you are recovering safety-related expenditure through service charges, ensure your demands are itemised, documented, and defensible.
Read the complete Building Safety Act guide
Compliance Checklist: Where You Should Be in 2026
If you manage a higher-risk building, here is where you should be right now. Use this as a gap analysis:
- Building registered with the BSR. The deadline was 1 October 2023. If not registered, act immediately.
- Accountable Person appointed. Under sections 72-73 of the Act, every higher-risk building must have at least one Accountable Person. See our AP duties explainer for what this involves.
- Golden Thread maintained. Accurate, up-to-date building safety information under sections 88-89 --- structural data, fire safety systems, maintenance records, evacuation procedures.
- Building Assessment Certificate applied for. Applications are open. The BSR is assessing them substantively.
- PEEPs implemented. As of 6 April 2026, this is a legal requirement. Every resident who needs assistance evacuating must have an individualised plan.
- Resident engagement strategy documented. The Act requires you to promote participation in building safety decisions.
- Mandatory occurrence reporting process established. Clear internal procedures for identifying and submitting reportable events under section 86.
- Fire risk assessment actions tracked with evidence. Every action from your fire risk assessment should be assigned, tracked, and evidenced. A building with 40 fire risk assessment actions where 35 are complete with evidence tells a fundamentally different story than a spreadsheet with no audit trail.
Download the BSA compliance checklist
What Happens If You Don't Act
The BSR has enforcement powers under Part 4 of the Building Safety Act. These powers are being used.
Compliance notices (section 99): The BSR can issue a formal notice requiring specific actions to remedy building safety failings. Ignoring a compliance notice without reasonable excuse is a criminal offence --- punishable by up to 2 years' imprisonment on indictment, an unlimited fine, or both. Daily fines apply for each day the breach continues after conviction.
Building Assessment Certificate refusal: If the BSR is not satisfied that you are managing building safety effectively, it will refuse your certificate application. Operating without a certificate means ongoing regulatory scrutiny.
Safety case requests: The BSR can request your safety case report at any time. If you cannot produce one, or if it reveals that you are not managing risks effectively, expect enforcement action.
The buildings that demonstrate compliance --- with structured, traceable records showing active management --- pass assessments without escalation. The buildings that cannot produce evidence face compliance notices, certificate refusals, and potential criminal liability.
Common Questions
What changed in the Building Safety Act in 2026?
Three major changes took effect in 2026: the Building Safety Regulator became an independent body separate from HSE on 27 January 2026, the Building Safety Levy came into force requiring developers of new higher-risk buildings to pay a charge towards remediation costs, and Personal Emergency Evacuation Plans became a legal requirement from 6 April 2026.
What is the Building Safety Levy and who pays it?
The Building Safety Levy is a charge on developers seeking building control approval for new higher-risk residential buildings in England. It funds the remediation of unsafe cladding on existing buildings. The levy does not apply to building managers or leaseholders directly, but it signals the government's commitment to long-term building safety funding.
When did the BSR become independent from HSE?
The Building Safety Regulator formally separated from the Health and Safety Executive on 27 January 2026, becoming a standalone body under the Ministry of Housing, Communities and Local Government. This gives the BSR its own governance, budget, and enforcement priorities.
What are PEEPs and when did they become mandatory?
Personal Emergency Evacuation Plans (PEEPs) became a legal requirement on 6 April 2026 for all higher-risk buildings in England. Building managers must identify every resident who needs assistance evacuating and create an individualised evacuation plan for each person.
What happens if I don't comply with the Building Safety Act?
The BSR can issue compliance notices under section 99 of the Act. Failing to comply without reasonable excuse is a criminal offence punishable by up to 2 years' imprisonment, an unlimited fine, or both. The BSR can also refuse Building Assessment Certificate applications and impose daily fines for continuing breaches.
Further Reading
- Accountable Person Duties Explained
- What Is a Building Safety Case?
- Fire Risk Assessment Tracking: What Every Building Manager Must Document
- PEEPs Deadline April 2026: 5 Steps to Get Ready Now
- Fire Door Inspection Requirements: What to Document and How to Evidence Compliance -- documenting quarterly and annual fire door checks
- Building Safety Act Penalties and Non-Compliance: What You Risk and How to Stay Compliant -- understanding enforcement and the due diligence defence
- Section 20 Consultation and the Building Safety Act -- how BSA safety costs interact with S20 consultation
- The Complete Golden Thread Guide
- BSA Compliance Checklist
- Principal Accountable Person Responsibilities Guide
- Safety Case Report Guide
- BSR Strategic Plan 2023-2026
- Building Safety Act 2022 (full text)
- Building Safety Levy Framework
- Fire Safety (England) Regulations 2022
This article is for informational purposes. For building-specific advice, consult a qualified fire safety professional.
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