The Building Safety (Responsible Actors Scheme and Prohibitions) (Amendment) Regulations 2026
These 2026 Regulations amend the 2023 Building Safety (Responsible Actors Scheme and Prohibitions) Regulations to correct defects, clarify criteria for membership invitations into the Responsible Actors Scheme, remove an obsolete prohibition notice requirement, and adjust the scope of building control prohibitions and their exceptions concerning emergency work, work on occupied buildings, and property purchasers.
Arguments For
The amendments clarify existing criteria for invitations to apply for the Responsible Actors Scheme membership by replacing negative phrasing with positive descriptions, improving clarity for scheme applicants.
Removing Regulation 30 (notice of prohibition) streamlines procedural requirements by eliminating an unnecessary notification step related to prohibitions.
Adjustments to building control prohibitions (Regulation 33) ensure alignment with current procedures under the Building Regulations 2010, specifically regarding applications for full plans approval and notices related to building work.
Clarifying exceptions for emergency repair work (Regulation 34) allows for the issuance of completion certificates, ensuring that necessary urgent remediation work is properly certified.
Administrative clarifications in exceptions for work to occupied buildings (Regulation 35) cater for variations in work scope via amendment notices while ensuring proper certification pathways remain open.
Arguments Against
Any amendment to complex life-safety legislation risks introducing new ambiguities if not perfectly drafted, potentially creating disputes over scheme eligibility or prohibition scope.
The removal of Regulation 30 (notice of prohibition) reduces a specific procedural check that might have offered an opportunity for earlier intervention or record-keeping regarding enforcement actions.
Introducing a 'purchaser' exception in Regulation 36, while potentially beneficial for property transactions, complicates the direct liability focus of the Responsible Actors Scheme by adding a third-party exemption route.
Changes pertaining to building control processes mandate that regulators and industry practitioners must immediately assimilate these technical alterations to maintain compliance with overlapping building safety and control legislation.
This Statutory Instrument has been made in consequence of a defect in S.I. 2023/753 and is being issued free of charge to all known recipients of that Statutory Instrument.
This legal instrument is issued because an error or flaw was found in the previous Statutory Instrument from 2023 (S.I. 2023/753).
It is being sent out at no cost to everyone who received the original document.
STATUTORY INSTRUMENTS
2026 No. 509
BUILDING AND BUILDINGS, ENGLAND
The Building Safety (Responsible Actors Scheme and Prohibitions) (Amendment) Regulations 2026
This identifies the document as a Statutory Instrument, numbered 2026 No. 509.
It falls under the jurisdiction of Building and Buildings legislation applicable in England.
Made - - - - 11th May 2026
Coming into force - - 1st June 2026
The regulations were officially made on May 11th, 2026, and they officially take legal effect starting on June 1st, 2026.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 126 to 129 and 168(2) to (4) of the Building Safety Act 2022( 1 ).
The Secretary of State created these regulations by utilizing the legal authority granted under specific sections (126 to 129 and 168(2) to (4)) of the Building Safety Act passed in 2022.
In accordance with section 168(6)(a) of that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Before becoming law, a preliminary version of this instrument was presented to Parliament, and both the House of Commons and the House of Lords formally voted to approve it, as required by section 168(6)(a) of the authorizing Act.
Citation, commencement and extent
- -(1) These Regulations may be cited as the Building Safety (Responsible Actors Scheme and Prohibitions) (Amendment) Regulations 2026 and come into force on the 21st day after the day on which they are made.
- (2) These Regulations extend to England and Wales.
The official title for referencing these rules is the Building Safety (Responsible Actors Scheme and Prohibitions) (Amendment) Regulations 2026.
They become effective 21 days after the date they were made, and the laws apply across England and Wales.
Amendments to the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023
- The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023( 2 ) are amended in accordance with regulations 3 to 10.
These new rules modify the previous 2023 regulations concerning the Responsible Actors Scheme and building prohibitions, with the specific changes detailed in regulations 3 through 10.
Amendments to regulation 13 (invitation by the Secretary of State to apply for membership)
- In regulation 13-
- (a) in paragraph (1)(a), for 'does not fall within' substitute 'falls within the categories of person described in';
(b) in paragraph (3), for 'does not fall within' substitute 'falls within the categories of person described in'.
Regulation 13, which deals with when the Secretary of State invites eligible developers to join the Responsible Actors Scheme, is being changed.
In two specific places, the phrase 'does not fall within' is replaced with 'falls within the categories of person described in' to remove confusing double negatives.
Amendment to regulation 15 (request for an invitation to apply for membership)
- In regulation 15, in paragraph (1), for 'does not fall within' substitute 'falls within the categories of person described in'.
Regulation 15, concerning when a person can request an invitation to join the scheme, has similar corrective language substituted: 'does not fall within' is replaced with 'falls within the categories of person described in'.
Amendment to regulation 16 (applications for volunteers)
- In regulation 16, in paragraph (1), for 'does not fall within' substitute 'falls within the categories of person described in'.
Regulation 16, which addresses applications from those volunteering to join the scheme, receives the same drafting correction, replacing 'does not fall within' with clearer phrasing.
Omission of regulation 30 (notice of prohibition)
- Omit regulation 30.
Regulation 30 from the 2023 rules, which detailed the 'notice of prohibition,' is being removed entirely from the legislation.
Amendments to regulation 33 (building control prohibitions)
- -(1) Regulation 33 is amended as follows.
- (2) In paragraph (4)-
- (a) after sub-paragraph (a) insert-
- '(aa) an application for building control approval with full plans made under regulation 14 of the Building Regulations 2010;';
- (b) for sub-paragraph (e) substitute-
- '(e) a notice under regulation 16(4) or (5) of the Building Regulations 2010 (notices in relation to building work).';
- (3) In paragraph (6), for sub-paragraph (a) substitute-
- '(a) a notice granting or rejecting an application for building control approval with full plans made under regulation 14A of the Building Regulations 2010;'.
- (4) In paragraph (8)-
- (a) for sub-paragraph (a) substitute-
- '(a) an application for building control approval with full plans made under regulation 14 of the Building Regulations 2010;';
- (b) for sub-paragraph (f) substitute-
- '(f) a notice under regulation 16(4) or (5) of the Building Regulations 2010 (notices in relation to building work);'.
Regulation 33, which concerns building control prohibitions, is substantially updated.
This includes adding an explicit reference to applications for full plans building control approval (under regulation 14 of the 2010 Regulations) as a prohibited activity.
It also updates references regarding notices for building work and notices related to the granting or rejection of full plans approval.
Amendments to regulation 34 (exception to the building control prohibition: emergency repair work)
- -(1) Regulation 34( 3 ) is amended as follows.
- (2) For paragraph (1) substitute-
'(1) Where an applicable person proposes to carry out building work which consists of emergency repair work then, subject to paragraph (2), the provision by that person of-
(a) a building notice pursuant to regulation 12(8) of the Building Regulations 2010, or
(b) a notice pursuant to regulation 16(4) of those Regulations,
is not to be treated as a breach of a building control prohibition.'.
- (3) After paragraph (1) insert-
'(1A) Where paragraph (1) applies, the local authority is not prohibited from giving the applicable person a certificate under regulation 17 (completion certificates) of the Building Regulations 2010.'.
- (4) In paragraph (2)(a), after 'satisfied;' insert 'and-'.
Regulation 34 deals with exceptions to building control bans when emergency repairs are needed.
The changes clarify that providing required notices for emergency work does not breach the prohibition.
Crucially, a new sub-paragraph (1A) states that if emergency work is done under this exception, the local authority is permitted to issue a completion certificate under regulation 17 of the 2010 Regulations afterward.
Amendments to regulation 35 (exception to building control prohibition: work to occupied buildings)
- -(1) Regulation 35( 4 ) is amended as follows.
- (2) In paragraph (1) omit sub-paragraph (a).
- (3) In paragraph (1)(b) omit 'or'.
- (4) After paragraph (1)(b) insert-
- '(ba) giving an amendment notice within the meaning of section 51A of the Building Act 1984 (variation of work to which initial notice relates); or'.
- (5) Omit paragraph (2).
- (6) After paragraph (3) insert-
'(3A) Where an amendment notice is given pursuant to paragraph (1), the local authority is not prohibited from giving the applicable person a notice accepting or rejecting that amendment notice under section 51A of the Building Act 1984.'.
- (7) In paragraph (4)(a)-
- (a) for paragraph (i) substitute-
- '(i) a notice under regulation 16(4) of the Building Regulations 2010 (notices in relation to building work) in relation to the work;';
- (b) for paragraph (ii) substitute-
- '(ii) a notice under regulation 16(5) of the Building Regulations 2010 (notices in relation to building work) in relation to the work;'.
- (8) After paragraph (4) insert-
'(4A) Where paragraph (4) applies, the relevant authority is not prohibited from giving the person a completion certificate under regulation 17 (completion certificates) or regulation 17A (certificate for building occupied before work is completed) of the Building Regulations 2010 in relation to the work.'.
- (9) After paragraph (5A) insert-
'(5B) Where paragraph (4) applies, the local authority is not prohibited from giving the person a notice accepting or rejecting that plans certificate under section 50 of the Building Act 1984.'.
Regulation 35 manages exceptions to building control bans for ongoing work in occupied buildings.
This amendment removes certain preliminary prohibitions to allow developers to issue amendment notices, which vary the existing scope of work.
New provisions ensure that the local authority can legally accept or reject these amendment notices, and also permit the issuance of completion certificates or the acceptance/rejection of plans certificates related to that revised work.
Amendments to regulation 36 (exception to building control prohibition: purchasers)
- -(1) Regulation 36( 5 ) is amended as follows.
- (2) In paragraph (1), after 'an applicable person' insert 'or a purchaser'.
(3) In paragraph (2)(a), for paragraph (ii) substitute-
'(ii) there is a purchaser;'.
- (4) After paragraph (7) insert-
'(8) In this regulation 'purchaser' means a person who exchanged a contract for the sale and purchase of a dwelling contained in the building, or for the building where it comprises a single dwelling.'.
Regulation 36 concerns exceptions for purchasers regarding building control prohibitions.
This amendment extends the ability to utilize this exception to include a 'purchaser', defined as someone who has exchanged a contract to buy a dwelling in the building.
This broadens who can benefit from the exception path.
11th May 2026
Samantha Dixon Parliamentary Under-Secretary of State Ministry of Housing, Communities and Local Government
The regulations are formally signed off on May 11th, 2026, by Samantha Dixon, who holds the position of Parliamentary Under-Secretary of State within the Ministry of Housing, Communities and Local Government.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make amendments to the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 ('the 2023 Regulations'). The Responsible Actors Scheme, established by the 2023 Regulations, requires relevant developers to identify relevant buildings they are responsible for and remediate and/or mitigate life-critical fire safety defects in those buildings, or repay the costs of the same. Failure to do so may attract building control and planning prohibitions which carry significant commercial consequences.
Regulations 3, 4 and 5 make amendments to regulations 13, 15 and 16 of the 2023 Regulations to remove a double negative.
Regulation 6 omits regulation 30 of the 2023 Regulations.
Regulation 7 amends regulation 33 of the 2023 Regulations in relation to the provisions of the building control prohibition, including by inserting a prohibition on the giving and receiving of applications for building control approval with full plans.
Regulation 8 amends regulation 34 of the 2023 Regulations to allow a completion certificate to be issued where the emergency repair work exception applies.
Regulation 9 amends regulation 35 of the 2023 Regulations in relation to the administrative conditions of the exception to building control prohibition in relation to work to occupied buildings. Regulation 9 inserts provisions exempting: the giving and acceptance of amendment notices, the giving of completion certificates and the acceptance or rejection of plans certificates in relation to relevant building work to be carried out to an existing occupied building.
Regulation 10 amends regulation 36 of the 2023 Regulations to enable a purchaser, as well as an applicable person, to apply to the Secretary of State to be granted an exception to the building control prohibition, and provides a definition of 'purchaser' to underpin the amendment.
A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.
An Explanatory Memorandum has been published alongside this instrument at www.legislation.gov.uk.
This note explains that the instrument amends the 2023 Regulations, which established the Responsible Actors Scheme requiring developers to fix life-safety fire defects in relevant buildings or face building control and planning bans.
Specific changes include correcting phrasing in membership invitation rules (Regulations 3, 4, 5), removing the prohibition notice rule (Regulation 6), clarifying building control prohibitions (Regulation 7), enabling completion certificates for emergency repairs (Regulation 8), adjusting administrative exceptions for occupied building work (Regulation 9), and defining and permitting purchasers to utilize exceptions to building control prohibitions (Regulation 10).
The government foresees no significant impact on sectors from these changes.
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