Memorandum of Understanding between the Regulator of Social Housing and the Building Safety Regulator

Memorandums of understanding ("MoU") are agreements between parties outlining a common intention to cooperate to achieve specific goals. While they are non-binding, they are an indicator of a commitment to work together. 

MoU’s have been in place between the Regulator of Social Housing (“RSH”) and Homes England, the Housing Ombudsman and the Greater London Authority, for some time.    

Earlier this week, on 22 July 2025, the RSH and the Health and Safety Executive, in its function as the Building Safety Regulator ("BSR"), have published a MoU setting out the principles for how each of their duties will be delivered to improve building safety in the social housing sector.

Both the RSH and the BSR are under a duty, imposed by the Building Safety Act 2022, to cooperate and share information with each other in the exercise of their respective functions. The RSH, in regulating Registered Providers, and the BSR, in regulating Accountable Persons and Principal Accountable Persons, both hold an interest in the assessment and management of building safety risks, and often the relevant landlord and Accountable Person/Principal Accountable Person will be the same entity. 

To that end, the RSH and BSR have agreed in the MoU that they will:

Cooperation and Communication

• Seek a complementary and compatible approach in performing their roles;
• Communicate at an early stage on matters that impact the other;
• Signpost relevant enquiries to the other where appropriate;
• Meet regularly to discuss matters of interest;
• Promote understanding of each organisation's functions both internally and externally; and
• Ensure consistency in communications regarding the others' role.

Information Sharing

• Share current information and data on Registered Providers and Accountable Persons;
• Coordinate and share insight on specific cases where both organisations are involved;
• Share information on emerging building safety risks and themes;
• RSH to notify the BSR regarding relevant regulatory judgments;
• BSR to notify the RSH regarding issuing of compliance notices;
• BSR to notify the RSH before applying for or varying relevant Special Measures Orders;
• Share information in relation to enforcement action;
• Share draft publications for input from the other.

This MoU will:

1. help both regulatory bodies meet their statutory duties to cooperate under the Building Safety Act 2022, 
2. ensure that their actions are strategically aligned and coordinated, and 
3. clarify the complimentary functions of the RSH and the BSR.

What does it mean for Registered Providers?

In many cases, the relevant landlord and the Accountable Person/Principal Accountable Person for a building will be the same entity.  Where a Registered Provider is a landlord and an Accountable Person/Principal Accountable Person, both the RSH and the BSR will have an interest as a regulatory body in the assessment and management of building safety risks.  As a result of this MoU, there is a clear intention for the RSH and the BSR to share relevant information and have open dialogue about building safety risks and any actions being taken by the regulatory bodies in respect of a building.  Registered Providers who are also an Accountable Person/Principal Accountable Person should therefore be mindful that where dialogue is being had with either the RSH or the BSR, it is highly likely that any such information will be passed between the two entities for their own assessment.  Registered Providers will therefore need to consider any such dialogue carefully now in light of this new MoU.