Building safety update: what’s new in the building safety sector

In this new series, members of the building safety team will be providing regular updates on key building safety developments. 

This first article covers:

• the Crest Nicholson v Ardmore case;
• upcoming building safety consultations; and
• the Building Safety Regulator’s (BSR) new strategic plan for 2026-27.

First ‘anticipatory’ building liability order (BLO) together with BLO relating to an adjudication award

In Crest Nicholson v Ardmore [2026] EWHC 789 (TCC), the dispute concerned Portsmouth’s Admiralty Quarter development, comprising a 21‑storey tower and other residential buildings. Crest Nicholson (Crest) alleged serious fire safety defects.

In August 2025, an adjudicator found Ardmore Construction Limited (ACL) in breach of the Defective Premises Act 1972 (DPA) and awarded Crest £14.9 million. ACL entered administration the day before the decision was issued, so it did not pay. Consequently, Crest sought, from ACL’s associated companies: an anticipatory BLO, making them jointly and severally liable for any liability that ACL may be found to owe Crest in ongoing court litigation about the fire safety defects at the development; and a further BLO, in respect of the £14.9 million adjudication award against ACL.

The court decided in favour of Crest, determining that:

• an adjudicator’s decision could give rise to a ‘relevant liability’ for the purposes of section 130(3) of the BSA;
• the adjudicator had jurisdiction to decide claims under the DPA; and
• it was just and equitable to grant both the anticipatory BLO and the adjudication BLO based on the facts.

Among other important considerations, this case particularly highlights that:

• the power to grant a BLO includes the ability to make an anticipatory BLO (ie a BLO which is ordered before a finding of any relevant liability); and
• developers will be able to pursue payment across group companies without waiting for the outcome of a full trial because adjudication awards can constitute a relevant liability under the BSA.

Government consults on changes to building regulations approval procedures for new builds and fire safety order buildings

On 2 April 2026, the government launched a consultation on proposed changes to building regulations approval procedures, aimed at strengthening fire safety oversight and ensuring parity between applications made via local authorities and registered building control approvers (RBCAs).

The proposals would require all new dwellings using the local authority route to be submitted with full plans and would introduce a mandatory plans certificate for RBCA applications relating to new dwellings and certain existing dwellings below 18 metres. The consultation also considers aligning the requirement to consult with fire and rescue authorities and seeks to prevent avoidance of the Building Safety Levy through use of the building notice route.

The consultation closes on 11 June 2026. Responses can be submitted here.

Consultation on proportionality in building control: categorisation of higher risk building work

On 26 March 2026, the government launched a consultation on reforming building control for higher‑risk buildings (HRBs) in England, aimed at improving proportionality while maintaining building safety outcomes.

The consultation proposes moving away from the current ‘one‑size‑fits‑all’ treatment of HRB works. Instead, it explores a tiered or filtered approach under which only specified categories of work would be subject to the full BSR led process. In particular, the government is considering narrowing the legal definition of category A works so that certain lower‑risk activities – most notably works within individual residential units and limited works to communal areas – would no longer trigger the most onerous documentation requirements.

The proposals draw a clearer distinction between:

• safety critical works (such as structural alterations or works affecting fire or smoke spread), which would remain within the BSR regime; and
• lower‑risk or routine works carried out to HRBs, which may instead be overseen by registered building control approvers or subject to a lighter‑touch process.

Importantly, the proposed reforms do not cover works to commercial units in mixed-use buildings.

The consultation closes on 28 May 2026. Responses can be submitted here.

BSR consults on Approved Document B fire safety guidance amendments

On 25 March 2026, the BSR published a consultation on its proposed changes to the current statutory fire safety guidance within Approved Document B: Fire safety (ADB). The BSR proposes a series of updates to ADB, covering technical clarifications, revised safety guidance, updated terminology and building requirements, and other improvements to fire safety standards.

The consultation runs until 1 July 2026. Responses can be submitted here.

BSR publishes strategic plan for 2026 to 2027

On 31 March 2026, the BSR published its strategic plan for 2026 to 2027. The plan sets out five key priorities for the year ahead, which include improving the BSR’s operations and processes, increasing remediation activity, providing faster gateway 3 application assessments as well as feedback on rejected applications, keeping the safety of people and the standard of buildings under review, and improving professional standards across the industry.