Further to our articles in recent editions providing updates on the building safety landscape both in terms of case law and regulation, in this final article for 2025, the team at JB Leitch take a look ahead to the key developments that will take place in 2026…
The Building Safety Levy
The Building Safety Levy, introduced under the Building Safety Act 2022, will come into effect on the 1st October 2026 and applies to new residential developments in England. Its purpose is to raise funds for the remediation of unsafe buildings, reducing the financial burden on leaseholders and taxpayers. The levy will be charged per square metre of gross internal area for developments with 10 or more dwellings or large student accommodation schemes, with rates varying by local authority. Certain projects, such as affordable housing, care homes, and hospitals, are exempt, and a discount applies for previously developed land. Local authorities will collect the levy as part of the building control process, making payment a prerequisite for certification.
BSR Reform
The Ministry for Housing, Communities and Local Government (MHCLG) has confirmed that the Building Safety Regulator (BSR) will officially transition from its current home within the Health and Safety Executive (HSE) in January 2026 following calls for a more cohesive regulatory system providing clearer oversight and management of construction practices, and supported by data indicating gateway two building control applications for HRB works were taking far longer than the previously prescribed 8-12 week period.
Building Safety Wales Bill
Following introduction in early summer 2025, in 2026, the Building Safety (Wales) Bill is expected to progress through its Senedd stages, with implementation of its new building safety regime beginning after Royal Assent. The year will focus on setting up the Building Safety Authority, registering higher-risk buildings, and phasing in duties for accountable persons. While Wales’ approach is distinct but complementary to England’s Building Safety Act, with a stronger emphasis on ongoing management of occupied buildings, Building owners/managers in Wales should prepare for registration and compliance duties.
Remediation Bill 2026
The Remediation Acceleration Plan (RAP), published in December 2024, set out the government’s plans to accelerate the remediation of residential buildings with unsafe cladding in England and improve resident experience. As part of that plan, the government committed to publishing an update to report on progress and outline additional measures to support the delivery of its key objectives:
An update published in mid-July outlined the progress already made against these objectives and sets out a range of additional measures to fix buildings faster, identify those 11m+ buildings still at risk and ensure that residents are supported in the process. These measures will help to overcome the barriers to remediation so that residents feel safe and are safe in their homes.
The additional measures included bringing forward a Remediation Bill to 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. Avoidance is not an option. Where landlords fail, new powers – including a Remediation Backstop – will ensure the work gets done. It was intended that the Bill would be brought forward as soon as parliamentary time allowed, and it may well be that 2026 sees this introduced.
Fire Safety Regulations
The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 will come into force on the 6th April 2026. These regulations are specifically designed to ensure that every resident, especially the most vulnerable, has a clear and actionable evacuation plan in the event of a fire. In terms of practical implications, responsible persons must identify relevant residents within specified buildings, and offer to conduct person-centred fire risk assessments, subsequently leading to the introduction of reasonable mitigation measures. Further information on the scope of the regulations can be found here: Residential PEEPs: Guidance for Responsible Persons
Legal Developments to Watch in 2026
With regard to important building safety case law, 2026 will no doubt see an increase in cases around remediation orders, remediation contribution orders and building liability orders, however there are also notable decisions to watch for in a number of high-profile cases including Adriatic Land 5 Limited v. Long Leaseholders at Hippersley Point [2025] EWCA Civ 856 and Triathlon Homes LLP v. Stratford Village Partnership v. (1) Get Living Plc and (2) East Village Management Limited ]2025] EWCA Civ 846. The appeals, at the Supreme Court will be heard jointly and focus on retrospectivity of the Building Safety Act 2022 (BSA 2022).
Together, these cases confirm that at present:
- Retrospective liability – Developers and landlords can be held accountable for historic costs
- Leaseholder protections – The outcomes reinforce the protections surrounding service charges and recoverability
- Public funding hierarchy – Taxpayer money is secondary to private responsibility
- Legal cost recovery – Landlords must absorb tribunal/legal costs related to defects
- Enforcement tools RCOs are powerful mechanisms for redress
We will watch developments on all the matters discussed in this article closely and report in due course. Should you wish to discuss any of these subjects further, and how we can help, contact us: [email protected]
