Health and safety | UK Regulatory Outlook January 2026

Building Safety updates

BSR to become standalone body

On 27 January 2026, the Building Safety Regulator (BSR) will transition from its current position within the Health and Safety Executive (HSE) to become a standalone arm's-length public body legally constituted as a body corporate and sponsored by the Ministry of Housing, Communities and Local Government (MHCLG). This reform aims to improve accountability and streamline Gateway 2 and 3 processes for Higher-Risk Buildings (HRBs), addressing delays in building control approvals that have affected the sector.

Under the new arrangements, the regulator will have the ability to levy charges for advice, research and associated services, supporting its operational independence and reinforcing its central role within the new building safety framework.

Secondary legislation to be introduced (Welsh building safety)

The Building Safety (Wales) Bill is currently making its way through the Welsh Senedd and is expected to come into force in phases from 2027. Following a consultation which closed on 25 May last year, The Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025 were laid before the Senedd on 17 December and come into force on 1 July 2026.

Any project which does not have its initial notice accepted or full plans deposited before 1 July will be subject to this new regime.

Changes to fire safety regulation come into force

The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 will come into force on 6 April, affecting HRBs, requiring the active management of fire risks in residential properties.

This involves person-centred fire risk assessments and Personal Emergency Evacuation Plans by the Responsible Person of the building for all consenting Relevant Residents, whose ability to evacuate the building without assistance in the event of a fire is compromised as a result of a cognitive or physical impairment or condition.

Businesses should review these regulations to ensure they are able to comply with the new requirements by April.

Building Safety Levy

The Building Safety Levy will be coming into force on 1 October 2026, following its postponement for one year. It will be charged on developments comprising at least 10 new dwellings or 30 new bedspaces for purpose-built student accommodation. Please see our Insight for further details on which levy rates will apply.

Martyn's law – guidance expected in 2026

The Terrorism (Protection of Premises) Act 2025 received royal assent on 3 April 2025 with a two-year implementation period, coming into full effect on 3 April 2027. The regulations introduce obligations for those in control of certain premises or events accessible to the public to mitigate the risk of injury in the event of terrorist attacks.

During 2026 the Home Office will be providing guidance on how businesses can comply with these regulations. Once this guidance has been released, the Security Industry Authority will be consulting on its own section 12 guidance which will detail how it proposes to exercise its functions and investigatory powers.

Failure to comply with the new regulations can lead to fines of up to £18 million or 5% of worldwide turnover (whichever is higher), along with daily penalties and restrictions placed on businesses preventing them from operating, so it is vital businesses are aware of the new regulations and start preparing now. See our Insight for further details on what the regulation covers and what businesses can be doing to prepare.

New guidance in the EU to protect workers from asbestos exposure

The European Commission has released comprehensive guidelines for businesses on compliance with the 2023 EU Asbestos at Work Directive, which was transposed by Member States into national law by 21 December 2025. The guidance provides practical advice to businesses on training, control measures and risk management in sectors such as construction, renovation and maintenance, using real-life case studies to help reduce exposure and prevent cancer.

Last month's edition reported on the HSE consultation on the UK Control of Asbestos Regulations, which closed on 9 January. HSE's analysis of the responses and any potential proposed legislative changes is expected in the first half of 2026.