The Building Safety Act 2022 did not come into force all at once. Key provisions were switched on in stages through 2023 and 2024. By April 2026, the full dutyholder regime, the Higher-Risk Buildings registration and Gateway process, and the competence requirements are all live. Here's the complete picture.
Not legal advice
This article provides general information only and is not legal advice. Building Safety Act obligations depend on the specific facts of each project. Always confirm your specific obligations with a qualified construction lawyer or the Building Safety Regulator before relying on this guidance. Official source: gov.uk Building Safety Act guidance.
The full timeline
Understanding when each element came into force matters because the obligations apply from the commencement date — not from when you became aware of them.
Royal Assent — Building Safety Act 2022
The Act passed into law. Most provisions required commencement regulations before taking effect. Some provisions (including the new building safety charge regime and leaseholder protections) took immediate effect.
Dutyholder regulations in force — all notifiable building work
SI 2023/911 (Building Regulations (Amendment) (England) Regulations 2023) came into force. The dutyholder regime — client, principal contractor, principal designer, contractor roles — now applies to all notifiable building work in England. Competence requirements active.
Higher-Risk Buildings regime goes live
The Building Safety Regulator became operational. HRB registration required for existing occupied higher-risk buildings. Gateway 2 (BSR approval before construction begins) and Gateway 3 (BSR sign-off before occupation) active for new HRB projects. Golden thread requirements for HRBs active.
Existing HRB registration deadline
All existing occupied higher-risk buildings required to be registered with the Building Safety Regulator by 1 October 2023. Accountable persons for unregistered HRBs are in breach from this date. Registration does not affect contractors directly, but affects the buildings you may be hired to refurbish or extend.
Competence requirements actively enforced; secondary legislation clarified
The Building Safety Regulator began proactive enforcement activity. HSE guidance on demonstrating competence published. Industry competence framework developed. The requirement to take "reasonable steps" to verify subcontractor competence — in force since April 2023 — became a focus of enforcement attention.
Full regime: all obligations now live
All Building Safety Act provisions relevant to contractors are in force. No phase-in grace periods remain. The dutyholder regime, competence requirements, HRB Gateway process, and golden thread obligations are all fully operative.
What changed in April 2023: dutyholders and competence
The most significant change for SME contractors came with SI 2023/911 in April 2023 — the amendment to the Building Regulations 2010 that created the formal dutyholder regime for all notifiable building work.
Before April 2023, the Building Regulations placed obligations on specific people (the person carrying out the work, the person for whom the work was carried out) but without the formal named dutyholder structure. From April 2023:
- Where a notifiable project involves more than one contractor, it must have a named principal contractor and principal designer — appointed in writing by the client before construction begins
- Every dutyholder must be competent for their role — skills, knowledge, experience and behaviours
- The principal contractor must take reasonable steps to check that every contractor they appoint is competent before appointing them
- All dutyholders must cooperate with each other and provide information needed to enable compliance
This applies to all projects — not just high-rises
The dutyholder and competence requirements in SI 2023/911 apply to all notifiable building work in England — house extensions, commercial fit-outs, new residential developments, everything. The October 2023 HRB regime adds an additional layer for high-rise residential buildings, but the April 2023 requirements are universal.
What changed in October 2023: the HRB regime
October 2023 saw the Higher-Risk Building regime go fully live. This is the layer that specifically addresses buildings over 18 metres or 7 storeys with residential use. The key changes:
The Building Safety Regulator
The Building Safety Regulator (BSR) — established within the Health and Safety Executive — became fully operational as the regulator for HRBs. The BSR has enforcement powers including prosecution, stop notices, and compliance notices. It also operates the Gateway process for new HRB construction and major refurbishments.
Gateway 2
For new HRB projects and major refurbishments, the principal contractor cannot begin construction until the BSR has granted Gateway 2 approval. This involves submitting a detailed application — including the fire and structural safety design, construction approach, and dutyholder information — and waiting for the BSR to approve it. The approval process can take several months. Under the Building Safety Act's gateway regime, starting work before Gateway 2 approval can constitute a criminal offence — see the official gov.uk guidance for full detail and how it applies to your project.
Gateway 3
At completion, the BSR must grant Gateway 3 sign-off before the building can be occupied. This requires submission of the golden thread (complete as-built information), confirmation that the building was constructed as approved, and any deviations from the approved design with justification. Under the Building Safety Act's gateway regime, occupying the building without Gateway 3 sign-off can constitute a criminal offence — confirm the specifics for your project with the Building Safety Regulator or a qualified construction lawyer.
Golden thread for HRBs
From October 2023, the golden thread requirements became mandatory for all new HRB projects. The golden thread must be created from the start of the project, maintained throughout construction, and handed over to the accountable person at completion as part of the Gateway 3 submission.
Subcontractor records for your golden thread
Competence verification records are a required element of BSA documentation. Subchecked creates them automatically.
What is live now (April 2026)?
As of April 2026, all Building Safety Act provisions relevant to contractors are fully in force. No transition periods remain. The practical obligations that apply right now:
All notifiable building work
- Where a project involves more than one contractor, the client must appoint a named principal contractor and principal designer in writing before construction begins
- Principal contractor must be competent for their role
- Principal contractor must take reasonable steps to check the competence of every contractor before appointing them
- All dutyholders must cooperate and exchange information
- Building work must be carried out in compliance with Building Regulations — the dutyholder structure creates named accountability for this
Higher-Risk Buildings only
- Gateway 2 approval required from BSR before construction begins
- Gateway 3 sign-off required from BSR before occupation
- Golden thread must be created, maintained and handed over
- Changes to approved design must be notified to BSR if they affect Building Regulations compliance
- Existing occupied HRBs must be registered and have a named accountable person
The BSR's enforcement stance
The Building Safety Regulator has stated publicly that it is in active enforcement mode from 2024 onwards. It is conducting audits of new HRB applications, investigating complaints, and pursuing enforcement action where it finds non-compliance. Legal commentary generally suggests that a "we didn't know" defence becomes harder to sustain the longer obligations have been in force — but whether any particular defence would succeed depends on the facts of the case. Speak to a qualified construction lawyer if this is relevant to your situation.
What hasn't changed: CDM 2015 still applies
The Construction (Design and Management) Regulations 2015 remain in force alongside the Building Safety Act. They are not superseded by the BSA — they operate in parallel. Many contractors assume the BSA replaces CDM. It does not.
Under CDM 2015, the principal contractor has duties around planning and managing the construction phase health and safety, maintaining the construction phase plan, and producing the health and safety file at completion. These obligations continue unchanged.
Under the BSA, the principal contractor has additional duties around building regulations compliance, subcontractor competence verification, and (for HRBs) golden thread maintenance. The two regimes complement each other — many of the practical steps (maintaining records, checking subcontractor credentials) serve both simultaneously.
Practical checklist for contractors in 2026
- Confirm your appointment in writing — ensure the client has given you a written PC appointment before any construction work begins
- Confirm the PD appointment — ensure there is a named principal designer appointed in writing; if there is none, raise it with the client immediately
- Check every subcontractor before appointment — verify relevant qualifications and registrations; keep a record of what you checked and when
- For HRB projects: confirm Gateway 2 status — do not begin work until the client confirms BSR Gateway 2 approval has been granted
- For HRB projects: establish your golden thread system — create the structure for recording construction information from day one, not retrospectively
- Document changes — any change to the design or specification during construction must be recorded; for HRBs, assess whether BSR notification is required
How Subchecked helps
The step that most SME contractors are failing to document is subcontractor competence verification. The obligation has been law since April 2023. Most contractors are doing informal checks — looking at a CSCS card, asking if someone is CIS registered — but not recording them in a way that would demonstrate due diligence to an inspector or in a legal claim.
Subchecked automates this for the objective, verifiable checks: CSCS card verification against the CITB register, CIS status via HMRC Government Gateway, Right to Work document capture, and insurance confirmation. Each check creates a timestamped, exportable record.
If the BSR, a building control officer, or a solicitor asks you to demonstrate that you took reasonable steps to verify a subcontractor's competence — Subchecked gives you the evidence.
Reminder
General information only — not legal advice. Confirm your specific obligations with a qualified construction lawyer or the Building Safety Regulator. See gov.uk's Building Safety Act guidance.