2026 brings a wave of building safety reforms that will directly impact how our Living-sector clients plan, fund, design, and deliver schemes. These aren't just regulatory updates, they are commercial pressure points that influence viability, programme, investor confidence and long-term asset value.
Through our Living strategy work, we're already helping clients anticipate the impact of second staircases, the Building Safety Levy, the evolving regulator, and new duties on evacuation planning and remediation. The challenge is no longer simply "complying", it's understanding how these moving parts reshape the business case for living schemes.
This guide, prepared by members of our specialist Building Safety team, Lucy Moon (Construction) and Matthew Davies (Real Estate Disputes), sets out the key changes for 2026. Our message is clear: the earlier you engage strategically with building safety risk, the stronger your commercial position.
We're here to help clients navigate complexity, protect value and make confident decisions in a rapidly shifting regulatory environment.
Click the arrows below to find out what the changes are and who they will affect.
BSR Becomes a Standalone Body
27 January 2026
BSR Becomes a Standalone Body
27 January 2026
Legislative & regulatory changes
The Building Safety Regulator became a standalone body on 27 January 2026, moving from the Health and Safety Executive to an arm’s length body under MHCLG.
What does this mean?
The transition aims to restore public confidence and align the regulator, construction sector and government behind large scale, safe housing delivery. In practice, it will mean the industry will interact with a more centralised regulatory system involved in the gateway approval process.
Who will it affect?
All involved in the development of HRB’s and living developments.
Further reading
Recent operational improvements include an Innovation Unit and efficiency measures to accelerate regulatory delivery. This follows the House of Lords Committee’s criticisms of Gateway 2 approval delays, summarised here.
Residential Personal Emergency Evacuation Plans
6 April 2026
Residential Personal Emergency Evacuation Plans
6 April 2026
Legislative & regulatory changes
From 6 April 2026, the first statutory framework will come into force requiring responsible persons to identify vulnerable residents who may need support to evacuate during a fire and take proportionate steps to assess and mitigate their risks.
What does this mean?
Building owners ought to understand and prepare for these regulations, proactively engaging with the Regulations and seeking legal advice on their responsibilities, where necessary.
Who will it affect?
Landlords and managers of 18m+ buildings (and 11m+ buildings with simultaneous fire evacuation strategies) and residents with disabilities who require assisted evacuation.
Further reading
For a summary of the new regime and what it means in practice, read here.
Second Staircases
30 September 2026
Second Staircases
30 September 2026
Legislative & regulatory changes
For residential buildings of 18m+, projects submitted for building control approval after 30 September 2026 must include a second separately protected staircase.
What does this mean?
This will impact the design and viability of many schemes. It also may mean redesigning schemes which fall within the transitional period.
Who will it affect?
Developers, investors, architects and all consultants involved in the design of residential buildings over 18m tall will be affected by this.
The Building Safety Levy (the Levy) will come into face on 1 October 2026, following a 12-month delay in its scheduled implementation. The Levy applies on the creation of new residential floorspace, the rates for which it is calculated have been set by local authorities.
What does this mean?
For some developments, the Levy will make schemes financially unviable, potentially reducing housing supply. Developers and investors ought to prepare for the Levy by factoring in the Levy's cost implications into their financial projections and profitability calculations as well as the impact on project timelines.
Who will it affect?
Developers, contractors, investors, and local authorities will all be affected by the Levy.
Further reading
For more information on the Building Safety Levy, read here.
The NPPF Consultation - closing on 10 March 2026 - considers an uplifting of the Levy for the small development exemption threshold to fewer than 50 dwellings (fewer than 120 bedspaces for PBSA). The implications of the consultation and its importance are summarised here.
Download our Building Safety 2026 Guide
Our team have compiled all the Building Safety changes expected in 2026 into a useful guide.
Consultation on the government's proposal for a single construction regulator
In consideration of the Grenfell Inquiry highlighting major failings in the construction product regulatory regime and the need for significant reform, Government published a consultation seeking industry comment on the Single Construction Regulator.
The construction products white paper - Consultation now live
The UK government's Construction Products Reform White Paper sets out a comprehensive overhaul of the regulatory system to address safety gaps exposed after Grenfell. It introduces universal product regulation, stronger testing and information standards, and tougher enforcement to ensure safer construction practices.
Staged Application Guidance
The BSR and Construction Leadership Council published updated guidance on the application for building control approval for higher-risk buildings.
Remediation Acceleration plan
The Remediation Acceleration Plan was published with the following objectives: fix buildings faster, identify all 11m+ residential buildings with unsafe cladding (so they can be fixed), and support residents through the remediation process.
Streamlining The Court System
The BSA Working Group, whose aim is to ensure that disputes about building-safety issues are handled with consistency, considered whether amendments to the Technology and Construction Court Guide 2022 (TCC Guide) are required to address practical issues for building-safety proceedings.
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