BSR enforcement and penalties

In short: The Building Safety Regulator (BSR) has broad enforcement powers over higher-risk buildings - inspection, information requests, improvement and prohibition notices, and criminal prosecution. Since becoming a standalone body on 27 January 2026, enforcement is a central part of its role. Individuals, not just organisations, can be prosecuted, and the most serious offences carry unlimited fines and, in extreme cases, imprisonment.

The BSR's powers

The regulator's enforcement toolkit is wide:

• Inspection - the BSR can inspect a higher-risk building, its records and its management systems, and speak to residents, examine the golden thread and review the safety case.
• Information requests - it can require the principal accountable person to produce the safety case report or the underlying safety case at any time. Failing to comply is itself an offence.
• Compliance and improvement notices - where a building is not being managed in line with the Act, the BSR can require specific actions within a set timeframe. Failure to comply is a criminal offence.
• Prohibition notices - in serious cases, where the BSR considers a building poses a significant risk, it can restrict or prohibit occupation.
• Criminal prosecution - the Act creates a number of offences, with no upper limit on fines for the most serious, and custodial sentences available in the most extreme cases.

The offences

Among the offences under the Building Safety Act 2022 and its regulations:

• Failing to register a higher-risk building, or operating an unregistered one
• Failing to appoint an accountable person
• Obstructing a BSR inspector, or failing to provide information requested
• Making a false statement in a safety case report or registration
• Failing to comply with a compliance, improvement or prohibition notice

Who can be prosecuted

A point many underestimate: the Act provides for prosecution of individuals, not only organisations. Directors, senior managers and others responsible for building-safety decisions can be personally prosecuted where an offence is committed with their consent, connivance or neglect. For RMC and RTM directors and managing agents, that means personal criminal liability - not just a risk to the company.

The regulator's approach

The BSR's 2026-27 strategic plan makes enforcement a priority: proactive inspection of higher-risk buildings rather than only reacting to incidents, close scrutiny of principal accountable persons and their safety case reports, and weight given to resident complaints. The BSR does not treat enforcement as a last resort - and while its approach is phased as its inspection programme scales, phased does not mean indefinite.

How CTS helps

CTS works client-side to assess and close compliance gaps before they become enforcement issues - an honest gap assessment of where your buildings stand, then support to build the golden thread and safety case and keep them current on the CTS BuildSafe platform, so you are ready if the regulator calls. See also our guide to registering with the BSR.

General information, not legal advice. Reviewed by the CTS building safety team.