Are private firms compromising building control in England?
Iain Hoey
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Panel will examine commercial conflicts in building control
The Building Control Independent Panel (BCIP) has been established to assess conflicts of interest and capacity concerns in the building control system in England, as reported by the Building Control Independent Panel.
The panel will examine whether those with commercial interests should be allowed to carry out building control functions and whether all such functions should instead be centralised under a national authority.
These questions were raised in the final report of the Grenfell Tower Inquiry and form the basis of the panel’s Terms of Reference.
Working with the Ministry of Housing, Communities and Local Government (MHCLG), the Building Safety Regulator (BSR) and stakeholders, the BCIP will collect evidence on the persistence and effect of conflicts of interest and workforce limitations in both private and local authority building control services.
The panel will also evaluate potential changes that could limit or mitigate these issues, including the use of additional oversight or regulatory tools.
Evidence gathering will extend beyond Grenfell recommendations
The Building Control Independent Panel stated that its review will extend further than the questions posed by the Grenfell Inquiry.
It will examine different decision-making models for building control, using a risk-based approach that considers the type of building and scale of work involved.
The panel will evaluate what levels of inspection, supervision and enforcement are achievable and necessary across building types and timescales.
It will also review existing legislative powers in the Building Safety Act 2022, Building Act 1984 and related regulations before determining whether new legislation may be required.
The panel has also been tasked with considering whether safeguards could enable customer choice to continue in lower-risk buildings while improving reliability and public confidence.
The panel confirmed it would provide advice on how any required system transitions could be managed.
Wider policy aims and housing targets will be considered
The BCIP will align its review with the government’s broader building safety and housing policy goals.
The panel said it will assess how the building control system can help the government meet its aim to deliver 1.5 million new safe homes during this Parliament and beyond.
It will evaluate how proposals for a Single Construction Regulator and a Chief Construction Adviser could support a reformed building control function.
It will also explore how building control could be delivered collaboratively across combined local authorities in support of England’s devolution agenda, as outlined in the English Devolution White Paper.
According to the panel, opportunities for efficiency through data, digitisation and shared services will be examined in relation to oversight by local authorities and the BSR.
Key interdependencies and workforce issues under review
The panel will consider interdependencies with other building safety policy priorities already identified by MHCLG and the BSR.
It will examine building control workforce competence and capacity, performance concerns across both local authority and private sector providers, and the effectiveness of current regulatory protections.
The review will also assess the impact of any new requirements on current training and recruitment systems.
Additional interdependencies include proposed updates to the technical Parts of the Building Regulations, how warranty schemes relate to control systems, and whether reforms to the 2010 Building Regulations and Charges Regulations are needed.
Information sharing between building control bodies and the BSR or government will be reviewed as part of wider data reform.
Membership, working model and reporting schedule set
Dame Judith Hackitt has been appointed Chair of the BCIP.
Panel members include the Rt Hon Nick Raynsford, Dr David Snowball, Elaine Bailey and Ken Rivers.
The group is supported by a Secretariat staffed by MHCLG and advised by policy and delivery teams from both MHCLG and the Building Safety Regulator.
The panel intends to publish an initial assessment in June 2025 and seek further evidence from stakeholders before issuing final recommendations later in the year.
The Terms of Engagement confirm the panel is expected to meet for a minimum of five sessions and dedicate at least 60 hours to the process, with an option to extend to 90 hours after a mid-point review.
All members have completed due diligence checks and are required to declare new conflicts of interest during their appointment.
The Chair will oversee strategic direction, engagement with the sector and media, and be responsible for final outputs and recommendations to ministers.
Building control panel launched to assess oversight and conflict risks: Summary
The Building Control Independent Panel has been formed to advise the UK Government on future oversight of building control in England.
The panel will consider whether commercial involvement should continue in building control services.
It will also assess the potential role of a national authority in delivering building control functions.
The panel will collect evidence on conflicts of interest and workforce capacity issues.
It will consider risks, proportionality and delivery timescales across building types.
The group will evaluate current legal powers and determine if new legislation is needed.
It will align with housing delivery targets and other policy reforms including devolution.
The panel will assess the feasibility of customer choice alongside greater oversight.
It will investigate performance issues across public and private sector building control.
It will review training, data, technical standards, and warranty scheme relationships.
The panel is chaired by Dame Judith Hackitt and supported by MHCLG.
An initial assessment will be published in June 2025.
