Status	2026 Regulatory Reality Check
Regulator	Building Safety Regulator (BSR)
Applicability	London Higher-Risk Buildings (HRBs) – Early / Phased Occupation
Compliance Window	Active (Gateway 3 & Occupation Critical)

 

In 2026 London HRBs, early occupation is no longer a commercial negotiation — it is a safety case decision.

Early or phased occupation has always been a pressure point on London projects. In 2026, the Building Safety Regulator (BSR) is drawing a much harder line. Partial approval will be refused where project teams cannot demonstrate that occupied areas are safe, complete and fully controlled — not just intended to be made safe later.

Many refusals are not caused by unsafe buildings, but by weak evidence, blurred interfaces and control plans that stop at “practical completion”. Under the HRB regime, occupation is a regulatory state — not a programme milestone.

For projects that moved into the HRB system mid-stream, transfer of building control to the BSR represents a reset of occupation assumptions. Historic practices around conditional handover no longer apply.

1. What the BSR means by “early occupation”

Early occupation includes any scenario where people are allowed to live, work or sleep in part of a building while construction continues elsewhere. For London HRBs, this typically includes:

• Podium or lower floors occupied while upper levels are still under construction.
• Single core or wing handed over ahead of full completion.
• Residential occupation alongside ongoing façade, MEP or fit-out works.

In 2026, the BSR treats early occupation as a form of Gateway 3 approval, not a relaxation of it. That is why completion certificates and Gateway 3 evidence are central to early occupation decisions.

2. The most common reasons the BSR refuses partial approval

Across London HRBs, refusal patterns are consistent. The BSR is not looking for perfection — it is looking for control, separation and proof.

Life-safety systems not complete for the occupied phase

• Fire alarm, detection or smoke control not fully commissioned for occupied areas.
• Temporary fire strategies relied upon without robust justification.
• Interfaces between completed and incomplete systems not clearly defined.

Where façade or compartmentation works remain ongoing, façade fire performance and installation verification become decisive. If the fire boundary is not final, occupation is unlikely to be approved.

Weak separation between occupied and construction zones

• Temporary hoardings or barriers treated as permanent fire separation.
• Shared escape routes or plant systems without clear control.
• Noise, vibration or dust controls undermining resident safety.

These failures often link back to poor construction governance. Where separation depends on site discipline rather than defined controls, Construction Control Plans are judged inadequate for early occupation.

Unresolved structural or temporary works risk

• Temporary works still carrying load above or adjacent to occupied areas.
• Structural alterations not fully verified before handover.
• Legacy frames not adequately investigated where interfaces exist.

This is where early occupation intersects with investigation quality. The BSR increasingly links refusal to insufficient evidence on legacy concrete frames and interfaces.

3. Change control: the hidden early occupation killer

Early occupation fails where projects attempt to “park” unresolved changes. Under the HRB regime, any change that affects fire or structure must be either fully resolved for the occupied phase or excluded entirely.

This is why the BSR frequently revisits Gateway 2 commitments when assessing Gateway 3 and early occupation. If what is built diverges from what was approved — without a controlled justification — partial approval becomes unlikely.

4. Dutyholder accountability at the occupation interface

Early occupation brings dutyholder decisions into sharp focus. The BSR is increasingly explicit that responsibility does not pause because residents move in.

Where occupation is proposed, the regulator expects that Principal Designers and Principal Contractors can demonstrate active control of safety risks that remain during construction. Weak occupation evidence is now interpreted as a competence and governance failure.

5. A practical early occupation readiness checklist (London HRBs)

Life-safety completeness

✔ Fire strategy implemented and commissioned for the occupied phase.
✔ Façade, compartmentation and fire stopping complete at all occupation boundaries.

Separation & control

✔ Permanent, verified separation between occupied and construction zones.
✔ No reliance on temporary barriers for fire or structural separation.

Structural certainty

✔ No temporary works carrying risk above occupied areas.
✔ Structural investigations and verifications closed out where interfaces exist.

Evidence & Golden Thread

✔ Occupation-phase evidence clearly identified and accessible.
✔ All decisions attributable to named dutyholders.

Key takeaway

In 2026 London HRBs, early occupation is approved only where safety is complete, controlled and provable for the occupied phase. The BSR does not refuse partial approval because projects move fast — it refuses when projects move without evidence. Teams that plan occupation as a safety state, not a programme convenience, are the ones that succeed.

image: constructionmagazine.uk

Expert Verification & Authorship: Mihai Chelmus Founder of London Construction Magazine | Construction Testing & Investigation Specialist | 15+ years in construction, 10+ years delivering projects in London.