Building safety: consolidation in 2025, building momentum for change in 2026

While there was a flurry of legal changes in 2023 and a rush to implement these in 2024, in contrast, 2025 marked a period of consolidation for building safety. We saw the new regime becoming more embedded, with processes being refined, and compliance strengthening across the sector. Granted, the pace of change was not as dramatic as previous years – but important groundwork was laid which will support the next wave of change in 2026.

Here we highlight some important 2025 developments, and the changes and challenges ahead in 2026.

Progress in 2025

Several key developments took place, including:

• A roadmap for change – the government officially responded to the Grenfell Tower Inquiry Phase 2 Report saying "The government accepts all of the Inquiry’s findings and the problems which must be fixed, as highlighted by the recommendations". Chapter 1 of its response set out the government's detailed thoughts on each of the Inquiry's 58 recommendations, indicating the significant changes to come.
• Construction products progress – the government published its Construction Products Reform Green Paper, consulting on a raft of proposed changes (more here). And the CIOB also published a guide to products critical to safe construction (more here).
• Levy laws – following much discussion and several consultations, the draft building safety levy legislation was finally published and passed, with the levy to be charged on all new "major residential developments", regardless of height, subject to some exemptions (more here).
• Growing understanding – the industry's understanding of the Building Safety Act developed, with deep reflection on dutyholders' competence, the government publishing and collating more user-friendly materials, and the Construction Leadership Council producing guidance in collaboration with the Building Safety Regulator and others. You can also find out more here about how the Act applies in Scotland and in energy We also saw important changes to the Building Safety Regulator.

And the first phase of Awaab's law came into force for the social rented sector, where social landlords must now address emergency hazards, and significant damp and mould hazards, within strict timeframes.

What to watch out for in 2026

Next year will be a busy one, but key developments to keep track of include:

• Construction products – in response to its Construction Products Reform Green Paper consultation, the government is expected to publish a White Paper in Spring 2026. Simon Lewis, Partner in the Construction & Engineering (Disputes) Team at Womble Bond Dickinson (WBD) remarks:

"The government’s White Paper will mark a significant step towards shaping future regulation - but it’s not the final word as it's expected to be subject to further consultation, continuing the conversation on what a truly robust framework should look like. From there, primary and secondary legislation will follow, so full implementation is still some way off. In the meantime, industry players should ensure they understand their supply chains and that their organisations have appropriate training and processes in place in relation to the selection, use and installation of construction products."

• New laws – the Building Safety Levy is set to come into force in October 2026 (the draft legislation having now become law), and we may see a surge in building control applications before this comes into effect. We are also waiting to hear more from the government on their Remediation Bill which it said will "create a hard ‘endpoint’ for remediation. A Legal Duty to Remediate will compel landlords to remediate their buildings within fixed timescales or face criminal prosecution".
• Competence – we expect discussions around competence (and what "good" looks like) to continue across the many disciplines and trades involved in construction. Simon Wyatt, Associate in the WBD Construction & Engineering (Transactional) Team, reflects:

"Competence isn’t just about technical skills; it means having the right skills, knowledge, experience, and behaviours to fulfil your role and ensuring everyone understands their responsibilities under the new regulatory framework. Importantly, Clients must also understand their role in appointing competent professionals and overseeing projects. This shared accountability is fundamental to achieving safe, compliant outcomes."

• Increase in disputes – we have seen more decisions coming of the First Tier Tribunal and the Technology and Construction Court over the last 12 months, and expect this to escalate further. Deborah Robinson, Legal Director in the WBD Construction & Engineering (Disputes) Team, explains:

“We’re seeing a clear upward trend in disputes, particularly those involving building safety and regulatory compliance. These cases are often complex, so parties must be proactive in managing risk and prepared for robust litigation strategies. With tighter regulatory frameworks and more onerous obligations, the stakes for developers, contractors, suppliers, and building owners have never been higher. Early engagement, meticulous documentation, and a clear understanding of contractual responsibilities are critical to navigating this evolving landscape successfully.”

• Building control – the Building Safety Regulator is working towards reducing the Gateway application waiting times to be closer the timescales required by statute, which will remain a priority for 2026. Furthermore, the Fundamental Review of Building Regulations interim report is expected in early 2026 with a final report in Summer 2026. Rules around second staircases in higher-risk buildings in Approved Document B are due to come in in September 2026. And further charges relating to building control may be introduced pending the outcome of a government consultation which is currently underway.
• Wales and Scotland – the Building Safety Act 2022 applied predominantly to England and Wales, and while England enacted many of its changes over the last few years, we are waiting for the changes in Wales. Stakeholders should beware that these will differ in scope and enforcement to England. Meanwhile, for Scotland, Rosie Gollan, Managing Associate in the WBD Construction & Engineering Team in Edinburgh, commented: “More changes are coming for Scotland in 2026. The Building (Scotland) Amendment Regulations 2025 will extend the existing requirements relating to external wall cladding systems so that they will cover hotels, guest houses, boarding houses and hostels from April 2026. The Scottish Building Safety Levy Bill is also making its way through the Scottish Parliament, and is expected to be implemented in early 2028. Industry stakeholders should carefully consider how these proposed changes could impact them, plan early, and closely monitor these developments to avoid later issues and disputes.”

For more on building safety, visit our Building Safety Hub.