From 2026 onwards, the Building Safety Regulator no longer operates as a remote approval body. It is now an active construction regulator with on-site inspection powers that extend across the entire delivery lifecycle of higher-risk buildings.
For regulated projects, site inspection is no longer limited to scheduled audits or formal Gateway reviews. The regulator has the legal authority to attend construction sites without notice, enter working areas, review records, inspect installations and interview personnel while work is live.
For contractors and site teams, this marks a permanent change in how projects must be operated. Regulatory readiness is no longer something you prepare for. It is something you must maintain every day.
If the regulator turns up tomorrow morning, your site must already be compliant.
The Building Safety Regulator Now Operates as a Live Construction Inspectorate
Under the Building Safety Act, the Building Safety Regulator is empowered to act as the enforcing authority for higher-risk buildings. This includes powers that mirror those of traditional safety regulators such as the HSE, but with a specific focus on building safety, structural integrity, fire risk and life-critical systems.
In practice, this means BSR inspectors are now operating as live construction inspectors rather than post-completion auditors. They are attending active sites, walking workfaces, reviewing installations and testing whether dutyholders are genuinely in control of the build.
Their role is not advisory. It is regulatory.
Yes, the Building Safety Regulator Can Inspect Without Notice
On BSR-regulated projects, inspectors have the legal authority to attend site without prior notification.
They do not need to book an appointment.
They do not need to wait for a Gateway submission.
They do not need to limit their inspection to a single discipline.
If a project is registered as a higher-risk building, it sits inside the regulator’s enforcement regime from the moment construction starts.
In practical terms, this means:
• Inspectors can arrive unannounced
• They can request immediate access to the site
• They can inspect live works
• They can demand records on the spot
• They can stop work if serious risks are identified
This is not theoretical power. It is already being exercised on live projects.
Why the Regulator Uses Unannounced Inspections
Unannounced inspections exist for one reason: to see how a site is actually being run.
Scheduled audits show how well a project can prepare.
Unannounced inspections show how well a project is controlled.
The regulator is not interested in staged compliance. They want to see:
• Whether approved designs are being followed
• Whether fire and structural systems are being installed correctly
• Whether change control is being applied
• Whether inspections are happening in real time
• Whether records are being maintained properly
• Whether site leadership understands their legal duties
Unannounced inspections are how the regulator tests whether compliance is embedded into daily operations or simply assembled for formal reviews.
What Happens When a BSR Inspector Arrives on Site
When an inspector attends site, they will normally present formal identification and state the purpose of their visit. From that point, the project is under regulatory inspection.
They will typically request to speak with the Site Manager or senior site representative and will ask who is acting as the dutyholder’s operational lead on the day.
From there, the inspection usually follows three parallel tracks.
First, they will review the project’s regulatory status. This includes checking that the building is correctly registered, that the dutyholders are appointed, and that the construction phase is operating under the approved Gateway 2 design.
Second, they will review site records. This includes daily site diaries, inspection and test records, photographic evidence, material conformity records, permits and change control documentation. They will test whether records are complete, current, accurate and attributable.
Third, they will walk the site. They will inspect live installations, review fire stopping, check structural sequencing, examine service penetrations, assess compartmentation, and verify that what is being built matches what has been approved.
The inspection is not limited to a single area. If concerns are identified, the scope of the inspection can expand.
What Inspectors Are Specifically Looking For
BSR inspectors are not there to catch minor housekeeping issues. They are focused on life-critical building safety risks.
Their primary areas of attention include:
• Structural integrity and load paths
• Fire strategy implementation
• Compartmentation and fire stopping
• Service penetrations
• Temporary works and sequencing
• Product conformity
• Approved design compliance
• Change control
• Inspection regimes
• Golden Thread records
They will assess whether the project is being built in accordance with the approved design, whether safety-critical systems are being installed correctly, and whether the dutyholders can demonstrate full control of the build.
If a site cannot demonstrate control, the regulator will intervene.
What Happens If the Regulator Finds Non-Compliance
If an inspector identifies serious compliance failures, they have enforcement powers.
These include:
• Issuing compliance notices
• Issuing improvement notices
• Restricting or stopping works
• Requiring formal investigations
• Escalating matters to director level
• Delaying Gateway approvals
• Referring matters for prosecution
On higher-risk buildings, enforcement action can directly affect programme, handover, occupation and asset value.
In regulatory terms, a building that is not compliant cannot be certified.
A building that is not certified cannot be occupied.
Who Is Expected to Deal With the Regulator on Site
While inspectors can speak to any member of the site team, they will expect to deal with senior site leadership.
This normally includes:
• Site Manager
• Project Manager
• Construction Manager
• Dutyholder representative
• Principal Contractor representative
Supervisors and foremen may be asked operational questions, but formal regulatory discussions are handled at senior site level.
However, inspectors will assess the competence of the entire site team. If supervisors do not understand the approved design, inspection regime or change process, this will be recorded as a compliance weakness.
Why We Didn’t Know Is No Longer a Defence
Under the Building Safety Act, dutyholders have a positive legal obligation to understand and control the safety of the building they are constructing.
Lack of knowledge is no longer an excuse.
Lack of records is no longer an excuse.
Lack of competence is no longer an excuse.
If a site is operating under BSR regulation, the regulator assumes that the project understands its obligations.
Failure to do so is treated as a management failure.
What This Means for Construction Sites in 2026
In 2026, every BSR-regulated site must operate on the assumption that an inspector could arrive at any time.
This requires:
• Continuous record keeping
• Live compliance control
• Design discipline
• Formal change management
• Trained site leadership
• Digital evidence systems
• Clear dutyholder accountability
Regulatory readiness is no longer a phase.
It is a permanent operating condition.
The New Reality of Regulated Construction
The Building Safety Regulator is now embedded into the construction process.
It does not wait for problems to emerge.
It does not rely on self-certification.
It does not operate at arm’s length.
It is present.
It is active.
It is enforcing.
For higher-risk buildings, construction is now a regulated activity in the same way that aviation, rail and nuclear delivery are regulated. The industry has crossed a line. From 2026 onwards, there is no such thing as an unregulated site.
For regulated projects, site inspection is no longer limited to scheduled audits or formal Gateway reviews. The regulator has the legal authority to attend construction sites without notice, enter working areas, review records, inspect installations and interview personnel while work is live.
For contractors and site teams, this marks a permanent change in how projects must be operated. Regulatory readiness is no longer something you prepare for. It is something you must maintain every day.
If the regulator turns up tomorrow morning, your site must already be compliant.
The Building Safety Regulator Now Operates as a Live Construction Inspectorate
Under the Building Safety Act, the Building Safety Regulator is empowered to act as the enforcing authority for higher-risk buildings. This includes powers that mirror those of traditional safety regulators such as the HSE, but with a specific focus on building safety, structural integrity, fire risk and life-critical systems.
In practice, this means BSR inspectors are now operating as live construction inspectors rather than post-completion auditors. They are attending active sites, walking workfaces, reviewing installations and testing whether dutyholders are genuinely in control of the build.
Their role is not advisory. It is regulatory.
Yes, the Building Safety Regulator Can Inspect Without Notice
On BSR-regulated projects, inspectors have the legal authority to attend site without prior notification.
They do not need to book an appointment.
They do not need to wait for a Gateway submission.
They do not need to limit their inspection to a single discipline.
If a project is registered as a higher-risk building, it sits inside the regulator’s enforcement regime from the moment construction starts.
In practical terms, this means:
• Inspectors can arrive unannounced
• They can request immediate access to the site
• They can inspect live works
• They can demand records on the spot
• They can stop work if serious risks are identified
This is not theoretical power. It is already being exercised on live projects.
Why the Regulator Uses Unannounced Inspections
Unannounced inspections exist for one reason: to see how a site is actually being run.
Scheduled audits show how well a project can prepare.
Unannounced inspections show how well a project is controlled.
The regulator is not interested in staged compliance. They want to see:
• Whether approved designs are being followed
• Whether fire and structural systems are being installed correctly
• Whether change control is being applied
• Whether inspections are happening in real time
• Whether records are being maintained properly
• Whether site leadership understands their legal duties
Unannounced inspections are how the regulator tests whether compliance is embedded into daily operations or simply assembled for formal reviews.
What Happens When a BSR Inspector Arrives on Site
When an inspector attends site, they will normally present formal identification and state the purpose of their visit. From that point, the project is under regulatory inspection.
They will typically request to speak with the Site Manager or senior site representative and will ask who is acting as the dutyholder’s operational lead on the day.
From there, the inspection usually follows three parallel tracks.
First, they will review the project’s regulatory status. This includes checking that the building is correctly registered, that the dutyholders are appointed, and that the construction phase is operating under the approved Gateway 2 design.
Second, they will review site records. This includes daily site diaries, inspection and test records, photographic evidence, material conformity records, permits and change control documentation. They will test whether records are complete, current, accurate and attributable.
Third, they will walk the site. They will inspect live installations, review fire stopping, check structural sequencing, examine service penetrations, assess compartmentation, and verify that what is being built matches what has been approved.
The inspection is not limited to a single area. If concerns are identified, the scope of the inspection can expand.
What Inspectors Are Specifically Looking For
BSR inspectors are not there to catch minor housekeeping issues. They are focused on life-critical building safety risks.
Their primary areas of attention include:
• Structural integrity and load paths
• Fire strategy implementation
• Compartmentation and fire stopping
• Service penetrations
• Temporary works and sequencing
• Product conformity
• Approved design compliance
• Change control
• Inspection regimes
• Golden Thread records
They will assess whether the project is being built in accordance with the approved design, whether safety-critical systems are being installed correctly, and whether the dutyholders can demonstrate full control of the build.
If a site cannot demonstrate control, the regulator will intervene.
What Happens If the Regulator Finds Non-Compliance
If an inspector identifies serious compliance failures, they have enforcement powers.
These include:
• Issuing compliance notices
• Issuing improvement notices
• Restricting or stopping works
• Requiring formal investigations
• Escalating matters to director level
• Delaying Gateway approvals
• Referring matters for prosecution
On higher-risk buildings, enforcement action can directly affect programme, handover, occupation and asset value.
In regulatory terms, a building that is not compliant cannot be certified.
A building that is not certified cannot be occupied.
Who Is Expected to Deal With the Regulator on Site
While inspectors can speak to any member of the site team, they will expect to deal with senior site leadership.
This normally includes:
• Site Manager
• Project Manager
• Construction Manager
• Dutyholder representative
• Principal Contractor representative
Supervisors and foremen may be asked operational questions, but formal regulatory discussions are handled at senior site level.
However, inspectors will assess the competence of the entire site team. If supervisors do not understand the approved design, inspection regime or change process, this will be recorded as a compliance weakness.
Why We Didn’t Know Is No Longer a Defence
Under the Building Safety Act, dutyholders have a positive legal obligation to understand and control the safety of the building they are constructing.
Lack of knowledge is no longer an excuse.
Lack of records is no longer an excuse.
Lack of competence is no longer an excuse.
If a site is operating under BSR regulation, the regulator assumes that the project understands its obligations.
Failure to do so is treated as a management failure.
What This Means for Construction Sites in 2026
In 2026, every BSR-regulated site must operate on the assumption that an inspector could arrive at any time.
This requires:
• Continuous record keeping
• Live compliance control
• Design discipline
• Formal change management
• Trained site leadership
• Digital evidence systems
• Clear dutyholder accountability
Regulatory readiness is no longer a phase.
It is a permanent operating condition.
The New Reality of Regulated Construction
The Building Safety Regulator is now embedded into the construction process.
It does not wait for problems to emerge.
It does not rely on self-certification.
It does not operate at arm’s length.
It is present.
It is active.
It is enforcing.
For higher-risk buildings, construction is now a regulated activity in the same way that aviation, rail and nuclear delivery are regulated. The industry has crossed a line. From 2026 onwards, there is no such thing as an unregulated site.
Image © London Construction Magazine Limited
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Expert Verification & Authorship: Mihai Chelmus
Founder, London Construction Magazine | Construction Testing & Investigation Specialist |
