Building Safety Regulator Fees Rise to £151/hr From Today — What Developers Must Know

The Building Safety Regulator's hourly rate has risen to £151 from today, April 1, 2026. If your development involves a higher-risk building — defined as 7 storeys or more, or 18 metres or taller — this change affects your project timeline and budget directly.

Here's what changed, who it affects, and why the registration backlog is the bigger problem than the rate itself.

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What Is the Building Safety Regulator?

The Building Safety Regulator (BSR) was established under the Building Safety Act 2022 following the Grenfell Tower fire. It operates within the Health and Safety Executive (HSE) and is responsible for:

• Overseeing the safety and performance of all buildings
• Regulating higher-risk buildings (HRBs) directly
• Registering and monitoring existing HRBs
• Approving building control applications for new HRB construction and major works

For developers working on higher-risk buildings, the BSR replaced local authority building control as the relevant regulatory body. You must work with the BSR — there is no alternative route.

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The £151/hr Rate: What It Means

From April 1, 2026, the BSR charges £151 per hour for its regulatory activities. This includes:

• Processing building control applications
• Gateway assessments (see below)
• Inspections and site visits
• Registration processing for existing buildings

The previous rate was lower. This increase reflects the BSR's growing operational capacity as it processes a significant backlog of applications accumulated since its establishment.

Practical cost impact: A building control application for a medium-complexity HRB typically requires 40–80 hours of BSR work. At £151/hr, that's £6,040–£12,080 in regulatory fees before you break ground. Larger or more complex schemes will be higher.

These fees are charged to the applicant — typically the developer or principal contractor. They are non-refundable once work has begun.

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Who Is Affected: Higher-Risk Buildings Defined

The higher-risk building definition applies to buildings that are:

• 7 storeys or more, OR
• 18 metres or taller

AND contain at least 2 residential units.

This covers:

• Apartment blocks and residential towers
• Mixed-use developments with residential floors at height
• Student accommodation above the threshold
• Care homes and sheltered housing above the threshold (in some cases)

If your development meets either threshold, you are within scope. There is no exemption for small developers, housing associations, or charitable organisations.

Out of scope:

• Buildings under 7 storeys AND under 18 metres
• Single-family homes
• Non-residential buildings (unless they contain residential units above the threshold)

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The Gateway System: Why Registration Must Come First

The BSR operates a three-gateway system for new higher-risk building construction:

Gateway 1 — Planning stage Before submitting a planning application, developers must provide a fire statement demonstrating how fire safety has been considered in the design. This is handled through the planning system, not directly via BSR.

Gateway 2 — Before construction begins This is the critical one. You must submit a full building control application to the BSR and receive approval before any construction work starts. There is no equivalent to the old "deposit plans and start" approach that existed under local authority building control.

The BSR reviews:

• Structural design and fire safety strategy
• Gateway 2 documentation pack (detailed and extensive)
• Dutyholders (principal designer, principal contractor) appointments

Processing time: currently 8–12 weeks for straightforward applications, longer for complex schemes. During peak periods, the BSR has exceeded these timescales.

Gateway 3 — Before occupation The BSR must issue a completion certificate before any unit can be occupied. This is the final sign-off.

The critical implication: If you start construction before Gateway 2 approval is issued, you are in breach of the Building Safety Act. The BSR can issue stop notices. Work must cease. Fines apply.

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The Backlog Problem: Plan for Delays

The BSR's registration and Gateway 2 processing has faced significant backlogs since inception. The combination of:

• High volume of existing HRBs requiring registration
• New development applications flowing through Gateway 2
• Rigorous assessment processes (by design)
• Growing but still limited BSR capacity

…means that application processing regularly takes longer than the published timeframes.

At £151/hr from today, there is no fast-track option that speeds up the clock. Paying more doesn't get you a quicker decision.

What this means for project timelines:

• Factor in 12–16 weeks minimum from Gateway 2 submission to approval
• Do not schedule construction start contingent on a specific BSR approval date
• Build float into your programme
• Engage the BSR early — pre-application meetings are available and can surface issues before formal submission

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What Developers Should Do Now

1. Confirm whether your project is in scope If your development reaches 7 storeys or 18 metres and contains residential units, you are within BSR jurisdiction. Confirm this with your planning consultant or architect if unsure.

2. Start Gateway 2 preparation early The Gateway 2 documentation pack is extensive. Engage your principal designer and principal contractor early. The BSR expects detailed, coordinated submissions — not outline plans.

3. Register existing higher-risk buildings If you own or manage existing HRBs that are not yet registered with the BSR, registration is mandatory. Unregistered HRBs face regulatory action. Check your portfolio now.

4. Budget for £151/hr fees explicitly If you haven't already updated your development appraisal to reflect the April 1 rate rise, do so. For schemes with multiple blocks or phased delivery, fees accumulate.

5. Check dutyholders are in place The Building Safety Act requires named dutyholders — Principal Designer and Principal Contractor — to be appointed before Gateway 2 submission. Verify your appointments are documented.

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Building Safety Compliance: A Complex Landscape

The BSR is one piece of a broader compliance picture for developers in 2026. Other changes in force or coming soon:

• CIS supply chain liability (April 6): Contractor supply chains now carry personal liability for CIS fraud
• Building Safety Levy (October 1, 2026): New tax on all new residential developments in England — <10 dwellings currently exempt, but threshold under consultation
• Future Homes Standard (March 2027): Mandatory solar panels and heat pumps for new-build

Staying on top of this calendar manually is increasingly difficult. ComplianceAlert monitors the BSR, HSE, and 14 other UK regulators and delivers plain-English alerts when changes affect your sector.

Take our free 3-minute Compliance Score quiz to see where your development business stands on current building safety obligations.

👉 compliancealert.co.uk/compliance-score

Or start a 7-day free trial — no credit card required: compliancealert.co.uk

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FAQ

Does the £151/hr rate apply retroactively to applications already submitted? No. Applications submitted before April 1 should be processed under the previous fee structure. Check with the BSR if your application straddles the date boundary.

What happens if I start construction without Gateway 2 approval? The BSR can issue a stop notice requiring all work to cease. Continuing after a stop notice is a criminal offence under the Building Safety Act. The BSR takes enforcement seriously.

Can I use local authority building control instead of the BSR? No. For buildings that meet the higher-risk definition, the BSR is the mandatory route. Local authority building control cannot accept applications for HRBs.

My project is borderline — 6 storeys but close to 18 metres. Am I in scope? You need to be within scope on BOTH criteria if you're relying on the storey count (under 7 storeys). Check the building's finished height. If the building height exceeds 18 metres even at 6 storeys — which is possible with high ceilings or a plant room — the height criterion may still bring you into scope.

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Published by ComplianceAlert — UK regulatory monitoring for small businesses and developers. compliancealert.co.uk

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