Professional indemnity explained

Building Safety Regulator changes 2026: what designers and inspectors need to know

Reviewed by the Apex broking team · Last reviewed 2026-10-31

The 2026 Building Safety Regulator changes are the BSR becoming a standalone body and the government committing to legislate for a single construction regulator. They signal tighter oversight of designers, inspectors and approvers.

Part of: Professional indemnity insurance

What has changed in 2026

Two things happened. On 27 January 2026 the Building Safety Regulator became a standalone body, moving out of the Health and Safety Executive to become an executive non-departmental public body sponsored by the Ministry of Housing, Communities and Local Government. On 9 July 2026 the government published its response to the consultation on a single construction regulator, accepting the idea in principle and confirming its intention to bring forward primary legislation.

For designers, contractors, building control approvers and inspectors, nothing about day-to-day duties under the Building Safety Act 2022 changed overnight. The dutyholder regime, the higher-risk building gateways and the registration of building inspectors and approvers continue. What has changed is the direction of travel: one regulator covering buildings, products and professionals, built on the BSR.

Background: our building control explainer and higher-risk building regime guide.

Timeline

Legislation to create the single regulator is planned for later in this Parliament. The government has said the regulator will not undertake testing and certification of construction products; oversight of conformity assessment bodies will be strengthened through construction products reform instead.

Why a single regulator, and what the BSR is doing now

The single construction regulator responds to the first recommendation of the Grenfell Tower Inquiry Phase 2 report, published in September 2024, which called for one regulator to reduce fragmentation and complexity in how the built environment is regulated. The government's December 2025 announcement described plans to bring together standards across buildings, products and professionals.

The government response of 9 July 2026 sets out the government's vision, the outcomes it wants for the building system and the regulator's primary objective. It also says the government will consult on strengthening the investigation of serious incidents, including the possibility of a standalone organisation.

In the meantime, the BSR describes its move out of HSE as part of an operational reset of its role as building control authority for higher-risk buildings. It has created an Innovation Unit and says operational delivery is improving. For firms waiting on Gateway 2 decisions, that is the most immediate practical point: the BSR remains the body that approves higher-risk building work, and delays in that process can affect programmes, fees and, in some cases, claims between parties.

What it means for dutyholders, RBIs and RBCAs

• Principal designers and designers: the government intends to make it a statutory requirement for Gateway 2 applications to include a statement from a senior manager of the principal designer, and will consider applying this to other building control routes. That increases personal accountability. See principal designer exposure and principal designer PI.
• Registered building inspectors and approvers: registration and conduct rules continue under the BSR. The government's progress report refers to an independent panel reviewing the building control sector, so further building control reform may follow. See PI for registered building control approvers.
• Professions: the government is analysing its call for evidence on building professions, considering options for senior accountability, and has paused work on a voluntary scheme.
• Principal contractors: licensing is still under development with no timescale.

PI implications

None of the 2026 announcements change PI policy wordings or regulator insurance requirements by themselves. They are still likely to shape the PI market over the next few years:

• More scrutiny means more evidence. Statements, competence records and gateway submissions create a paper trail that can be used in claims. Good records help a defence; gaps can hurt it.
• Personal accountability. If senior individuals sign statements, check how your policy covers directors and employees personally and whether regulatory investigation costs are included.
• Fire safety wording stays central. The BSR's focus is higher-risk residential buildings, the same area where PI policies most often restrict cover. See fire safety exclusions.
• Long tails continue. The Building Safety Act's 15 and 30 year limitation periods for Defective Premises Act claims are unaffected. See the section 135 extension.

Insurers may ask more about competence, registration status and higher-risk building work at renewal as the new regime develops.

Illustrative examples

Illustrative example 1: architectural practice. A practice acting as principal designer on a higher-risk residential scheme expects a senior manager statement to be required at Gateway 2. It reviews its PI to confirm that individual directors are insured persons and that regulatory investigation costs are covered.

Illustrative example 2: building control firm. An RBCA watches the building control reform response closely. It keeps run-off options under review in case it decides to merge with a larger firm.

Illustrative example 3: structural engineer. An engineer designing a residential block over 18 metres expects closer regulatory review and longer gateway timescales, and checks how delay claims are treated under the PI wording.

Common misunderstandings and what to check

• "The single regulator already exists." It does not; primary legislation is still to come.
• "The BSR's rules changed when it left HSE." The transfer changed its status and sponsor, not the Building Safety Act duties.
• "New regulation means new compulsory PI." No new insurance requirement has been announced. Watch the forthcoming design consultation.

At renewal, tell your broker about any higher-risk building work, principal designer roles, building control registration and changes in senior accountability. Related reading: Building Safety Act PI implications.

Apex arranges professional indemnity insurance for designers, engineers and building control firms; a broker reads every enquiry.

Sources

• gov.uk: BSR becomes standalone body in landmark step towards single construction regulator
• gov.uk: Single construction regulator to ensure standards across sector
• gov.uk: Grenfell Tower Inquiry government progress report, September 2026: the construction industry
• Building Safety Act 2022, section 135

Frequently asked

Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances, and it does not guarantee that cover will be available or on what terms.