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Grenfell Phase 2: the single regulator on the horizon

The Grenfell Phase 2 report called for a single construction regulator. Our reading of what that consolidation could mean for the people who run buildings day to day.

The SAMRISK Team 5 min readOpinion · not legal advice

The Grenfell Tower Inquiry Phase 2 report is a heavy document in every sense. Published on 4 September 2024, it runs to seven volumes and around 1,700 pages, and it makes 58 recommendations, 37 directed at government and 21 at other bodies, according to gov.uk, Bevan Brittan and the FBU. Most of the attention, understandably, has gone to its account of how the disaster happened. But the recommendation that will shape the working lives of building managers most is the first one, and it is structural rather than forensic.

Recommendation 1 is a single construction regulator for England and Wales. The report described the old regime as "too complex and fragmented", a phrase that anyone who has tried to work out which body owns which duty will recognise. In our view, that fragmentation is not an abstract governance problem. It is the daily experience of the people who manage buildings, and it is worth saying plainly why.

Why fragmentation is felt at building level

A single residential block can sit under the gaze of several regulators and a thicket of overlapping duties at once. Fire safety, building control, structural matters and product standards have historically been spread across different bodies with different cultures and different expectations. For the person on the ground, that means the same building generates several conversations, several record formats and several inspectors who do not necessarily talk to one another.

The cost of that is not only effort. It is the risk that something falls between two stools, because each body assumes another holds it. The Inquiry's judgement that the regime was too complex and fragmented is, in our reading, a finding about exactly this kind of gap.

What the government has signalled

The government accepted the direction of travel. A single construction regulator is expected to be legislated for and to be operational from 2028, according to Building and gov.uk, though it will not cover product testing and certification, which is being handled separately. So the consolidation is real but partial: one body for much of the regime, with product standards sitting outside it.

We would be cautious about reading 2028 as a hard line in the sand. Large regulatory reorganisations rarely arrive cleanly, and the period before a new body settles is often the period of greatest uncertainty for the people being regulated. That is a reason to prepare for the principle now rather than the precise machinery later.

Our reading of what changes for managers

A single regulator does not lighten the underlying obligations on a building. The Building Safety Act 2022, the Regulatory Reform (Fire Safety) Order 2005 and the rest of the framework remain. What is likely to change is the shape of the conversation. We think the most plausible effects are these:

  • One front door rather than several, which should reduce the number of separate relationships a manager has to maintain.
  • More consistent expectations about evidence, because a single body tends, over time, to standardise what it asks to see.
  • Less room to attribute a gap to the boundary between two regulators, because the boundary moves inside one organisation.

The third point cuts both ways. Consolidation removes an excuse, but it also removes a hiding place. A regime with one regulator is a regime where "that was someone else's remit" stops working as an answer.

The part that does not wait for 2028

Here is the practical implication, and it is one we hold with some conviction. Whatever the regulator looks like, it will ask the building to account for itself: what was assessed, when, by whom, and what was done about it. A consolidated regulator is, if anything, likely to be sharper on coherent evidence than a fragmented one, because it sees the whole picture rather than a slice of it.

That means the work that matters is not waiting for the legislation. It is making sure each building can already tell a single, consistent story about its own safety. The golden thread, defined under the Building Safety Act 2022 as an accurate, up-to-date digital record held through design, construction and occupation, is the obvious vehicle for that story. A building that already keeps one is well placed for any regulator, current or future.

Preparing without guessing the detail

We would resist the urge to redesign processes around a body that does not yet exist. The detail will move, and effort spent chasing it now is likely to be wasted. What does not move is the underlying need: a current record, clear ownership, and an evidence trail that holds together across fire, structure and building control rather than fracturing along the old institutional lines.

A building that holds its safety case and supporting records in one place is already answering the question a single regulator will ask. For the wider picture of how the framework is consolidating, our note on what a standalone Building Safety Regulator means sits alongside this one, and the practical groundwork is the same in both cases. Pulling the threads together against a single compliance calendar is the unglamorous step that survives whatever the regulator turns out to be called.

A short, practical close

Our position is straightforward. The single regulator is coming, the date may slip, and the detail will change, but none of that alters what a building needs to be able to do, which is account for itself coherently. The managers who will find the transition easiest are the ones who already keep one honest record rather than several partial ones. SAMRISK is built to hold that single record. This piece is our reading of the position rather than settled law, and you should check the current detail before acting on it.