Guidance

Building Control Independent Panel (BCIP) – Terms of Reference 

Published 13 June 2025

Applies to England

Purpose and scope 

The Building Control Independent Panel is an independent expert advisory panel providing analysis and advice to Government on the two questions in the Grenfell Inquiry final report relevant to the future of the building control system in England.  These being (i) whether it is in the public interest for building control functions to be performed by those who have a commercial interest in the process, and (ii) whether all building control functions should be performed by a national authority. 

Working with MHCLG, the Building Safety Regulator (BSR) and stakeholders, the panel will gather evidence on the prevalence and impact of the conflicts of interest and capacity pressures effecting the building control system in England.  These issues were identified by the Grenfell Inquiry as reasons for building control failures in the run up to the tower fire. This work will consider conflicts and capacity in both the private sector and local authority building control sectors, looking to establish whether these are still present and what options could be taken to address them.  

The panel have been asked to explore a wider range of questions than those suggested by the Inquiry. They will consider different building control decision models based on an assessment of risks in the built environment.  The panel will consider the evidence to reach a view on what level of building control oversight and supervision is appropriate for different types of buildings and building work, focussing on what is proportionate and deliverable and over what timeframes.  They will consider what existing powers are available, in the Building Safety Act 2022, the Building Act 1984 and regulations to address issues before looking at whether new powers are needed. 

Noting that commercial interest and duty holder choice has already been removed for buildings defined as higher risk, the panel will consider whether similar changes should/could apply to other parts of the built environment.  It will consider whether it may be possible to retain choice for customers, for example with additional safeguards and checks in place, while increasing reassurance in more of the decisions being taken.  It is recognised that within this model a greater level of oversight, inspection and enforcement at either regulator or local authority level may be a necessary outcome.  If so, the panel will consider and advise on transition.  

In developing advice and analysis, the panel will consider how the building control system can support the government’s commitment to deliver 1.5 million new safe homes across the Parliament and beyond.  In doing this, it will consider the opportunities presented by Inquiry recommendations for a Single Construction Regulator, alongside a Chief Construction Adviser, and how these might operate alongside the delivery of a core building control function – for example, in combined local authorities sharing services and resources.  This is in line with the government’s ambitions for economic development-focused combined strategic authorities here: English Devolution White Paper.

The panel have been asked to consider interdependencies with several building safety policy workstreams identified as emerging priorities. The panel will  work with MHCLG and BSR officials and stakeholders to determine the core themes emerging under these workstreams, to inform review options and recommendations. The interdependencies identified are: 

• ensuring the building control workforce is competent and has capacity to deliver what is required now and in the future

• addressing concerns about local authority building control bodies, registered building control approvers and Competent Persons Scheme performance issues and whether further regulatory protections are necessary to address conflicts of interest

• in addressing any issues, whether opportunities are provided by Inquiry recommendations for a Single Construction Regulator and Construction Adviser

• proposals to reform the technical Parts of the building regulations and ensuring the skills exist in the building control inspector workforce to support these

• the benefits that are available through better data/digitisation and sharing of services, including how that information is shared with BSR or government

• opportunities for reform of the Building Regulations 2010 and the Building (Local Authority Charges) Regulations 2010

• considering the relationship between building control and warranty schemes, and whether intervention or reform is needed

Outputs 

In June 2025 the panel will publish their initial assessment of the problem and will ask for evidence and views from identified stakeholders, to support a further review of the panels assessment of the problem.  The panel aims to submit a response to MHCLG later this year.  As the panel is independent, the intention is to publish the panel’s review alongside a MHCLG response.

In order to develop the review and recommendations the panel will:  

• engage with central government, local government and external stakeholders 

• commission work from the Secretariat and external parties (via the Ministry of Housing, Communities and Local Government (MHCLG) officials 

• critically assess the products/reports/returns from commissioned work 

• consider the evidence of impacts on groups with protected characteristics.   

Membership 

The Panel will be chaired by Dame Judith Hackitt.  The membership of the panel will be the Rt Hon Nick Raynsford, Dr David Snowball, Elaine Bailey and Ken Rivers.    

Observers and expert witnesses may be invited to support the work of the panel and attend meetings on an ad-hoc basis. 

Role of the Chair 

The Chair has responsibility for providing effective leadership of the panel.  The Chair will set the strategic direction and oversee the panel’s engagement with stakeholders and the media as agreed with the Department.  The Chair is ultimately responsible for the outputs of the panel and the independent recommendations which the panel makes to MHCLG and Ministers.  The Chair will be the main point of contact between the panel and the Department, including Ministers. 

Commitments 

The panel are committed to a minimum of 8 days (60 hours), with the possibility of extension to 12 days (90 hours) following a mid-point review.  This will include a minimum of five panel meetings (15 hours total), with the rest spent on reviewing evidence and working towards a final review product.  The agenda for these meetings will be prepared by the Secretariat and agreed with the Chair. In addition to members, MHCLG officials will attend these meetings alongside invited stakeholders. 

Ways of Working 

The panel have agreed Terms of Engagement with the Department. 

Conflicts of Interest 

All members have undergone appropriate due diligence ahead of being appointed and are required under the Terms of Engagement to declare any new conflicts of interest which arise over the course of their appointment.  

MHCLG role 

The Group will have a dedicated secretariat, staffed by MHCLG, headed by a senior civil servant. The panel and Secretariat will be supported by policy and delivery teams from MHCLG and the Building Safety Regulator.