The biggest shake-up to building safety governance in a generation is here. Here's what AEs, APs, and estates teams need to know.
On 27 January 2026, the Building Safety Regulator (BSR) officially became an independent statutory body for England and Wales. This is not a minor administrative reshuffle. It represents the most significant structural change to building safety governance since the Building Safety Act received Royal Assent in 2022, and its ripple effects will be felt across every organisation that appoints Authorising Engineers and Authorised Persons.
For those of us working in healthcare estates, facilities management, and critical infrastructure, the question is straightforward: what does this actually mean in practice? Let’s break it down.
The BSR was created in direct response to the Grenfell Tower Inquiry recommendations. Its purpose is to reduce fragmentation in how buildings are regulated, drive a culture change across the construction and estates management sectors, and ensure that competence sits at the heart of building safety.
Until January 2026, the BSR operated within the Health and Safety Executive (HSE). Now, it sits as an arm’s-length body under the Ministry of Housing, Communities and Local Government (MHCLG), with its own governance, budget, and enforcement powers.
Its responsibilities include overseeing building control for higher-risk buildings, publishing and maintaining mandatory technical competencies for those working on building safety, reviewing conditions of authorisation for competent person schemes, and laying the groundwork for what the government hopes will eventually become a single regulator for the entire construction sector. A consultation on those plans closes on 20 March 2026.
The move to independence gives the BSR the teeth it needs to enforce competence standards — and that has direct implications for anyone involved in Authorising Engineer appointments.
If you’re an Authorising Engineer, or you’re responsible for appointing one, there are several areas where the BSR’s new independence changes the landscape.
Competence is no longer optional
Section 11F of the Building Safety Act secondary legislation introduced general competence requirements for everyone working in the construction and building safety sectors. The BSR is now the body responsible for defining, publishing, and enforcing those standards. This means the days of informal or loosely documented competence evidence are numbered.
For Authorising Engineers specifically, this reinforces what HTM 00 has always required: that AEs must demonstrate independence, current technical knowledge, and the ability to assess competency in others before appointment. The difference now is that there is a dedicated regulator with the authority to audit and enforce these standards.
Appointment processes under the microscope
The BSR’s remit includes reviewing conditions of authorisation for competent person schemes. While the immediate focus is on building control approvers, the principle extends to all safety-critical appointment structures, including AE and AP roles governed by Health Technical Memoranda.
Organisations should expect greater scrutiny of how they select, appoint, and revalidate their Authorising Engineers. Can you demonstrate that your AE has current, credit-rated training? Is there a documented competence assessment? Is the appointment genuinely independent?
The BSR’s competence framework sits alongside — not above — existing HTM and SHTM requirements. But it adds a regulatory enforcement layer that didn’t previously exist. Think of it as a second pair of eyes on your compliance arrangements.
Three specific areas are tightening under the new regime, and all three affect how Authorising Engineers are trained and appointed.
1. Evidence-based competence
The BSR expects documented evidence of competence, not just time served. Training records, CPD logs, assessment outcomes, and revalidation histories will all come under scrutiny. If your AE’s last formal training was five years ago with no documented CPD since, that’s a gap.
2. Credit-rated training
There is an increasing expectation that safety-critical training is independently verified and credit-rated. This provides external assurance that the training meets defined learning outcomes and is delivered to a consistent standard. It’s not yet a regulatory mandate across all sectors, but the direction of travel is clear.
3. Ongoing revalidation
One-and-done training is no longer sufficient. The BSR’s approach aligns with the principle that competence is not a point-in-time achievement but an ongoing commitment. Expect revalidation cycles, refresher requirements, and periodic reassessment to become the norm rather than the exception.
The BSR’s independence is not a future event — it happened in January. Organisations that act now will be well positioned; those that wait risk being caught out when audits and enforcement activity ramp up through the year. Here are four practical steps every estates team should take:
• Audit your current AE and AP appointments. Check them against both the HTM competence requirements and the BSR’s emerging standards. Are appointments documented, independent, and based on evidenced competence?
• Review training records and CPD evidence. Ensure every AE and AP has up-to-date, documented training. Identify any gaps and schedule refresher training where needed.
• Check your training provider. Does your provider offer credit-rated, independently verified programmes? Are their courses aligned with current HTM and SHTM guidance?
• Conduct a competence gap analysis. Look beyond your current AE appointments. Do you have sufficient pipeline of trained APs ready to step up? Are there disciplines where your competence coverage is thin?
The organisations that treat competence as a strategic asset — not a box-ticking exercise — will find the BSR’s new regime straightforward. Those that don’t may find themselves exposed.”
At M&M Compliance Training, we’ve been helping organisations navigate the competence landscape for years. Our services are designed to meet the exact challenges that the BSR’s new independence brings into sharper focus.
Our Authorising Engineer training and appointment services are fully aligned with HTM and SHTM guidance, delivered by experienced practitioners who understand the practical realities of healthcare estates. We offer Authorised Person training across all core disciplines — electrical, water, ventilation, medical gas, and more — along with competence management systems that give you a clear, auditable record of your team’s capabilities.
For organisations that need a comprehensive view of their compliance position, our verification and validation services provide the independent assessment that both the HTM framework and the BSR’s competence approach demand.
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