Definition of higher-risk buildings

The regulation and as such definition of higher-risk buildings (HRBs) fundamentally changed after Grenfell and the introduction of the Building Safety Act 2022. From October 2023 much of this lay in the hands of the Building Safety Regulator (BSR) when it became the building control authority for work such buildings. However the case such as the First Tier Tribunal on HRBs and roof garden classification highlighted the need for further clarification on roof terraces and higher-risk buildings. Building Safety Regulator reforms shifted the functions of BSR out of the Health and Safety Executive (HSE) to an Executive Non-Departmental Public Body sponsored by the Ministry of Housing, Communities and Local Government (MHCLG).

On 17 December 2025 MHCLG published its Policy paper "The Definition of higher-risk buildings: initial review and plans for ongoing review" highlighting the new regulatory regime to correct systemic failures by introducing clearer dutyholder responsibilities, stronger regulatory oversight, and ongoing obligations to manage safety risks in existing higher-risk buildings. This aims to replace the fragmented system in which local authorities and private sector bodies operated under differing procedures, often allowing construction to proceed without approved plans, robust oversight, or effective enforcement. The legacy approach prioritised project continuity over safety assurance, lacked requirements for accurate as-built information, and placed excessive reliance on building control professionals rather than embedding competence across the industry.

These weaknesses contributed to significant gaps in accountability and building safety management, which were starkly exposed by the Grenfell Tower fire and the subsequent cladding crisis. The new regimes aims to establish consistent control of higher-risk work, improving availability and accuracy of building safety information, and increasing expectations for proactive safety management throughout a building’s lifecycle. By strengthening accountability and resident involvement, the reforms aim to restore public confidence and ensure that higher-risk buildings are designed, constructed, and managed to a demonstrably safer standard now and in the future.

The Building Safety Act 2022, defines “higher-risk building”as:

a building in England that—

• (a) is at least 18 metres in height or has at least 7 storeys, and
• (b) contains at least 2 residential units.

In the context of the UK Building Safety Act (BSA), "higher-risk buildings" (HRB) refer to buildings that pose greater potential risks to the safety of occupants and the public due to various factors, such as height, occupancy, use, and construction materials. The BSA introduces a regulatory framework aimed at improving the safety and standards of higher-risk buildings, with a focus on addressing fire and structural safety risks.

Higher-risk buildings typically include residential buildings of a certain height or with specific characteristics that increase the likelihood or severity of fire incidents or structural failures.

Care homes and hospitals are included. Various properties are excluded including (but not limited to) those consisting entirely of a secure residential institution, hotel or military barracks. The Secretary of State has the power to flex the regime to apply to new circumstances (including new building safety risks) in the future.

The purpose of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 is to specify descriptions of buildings to be included in the definition of “higher risk building” in the Building Act 1984 and to supplement that definition, as well as the definition of “higher-risk building” in the Building Safety Act 2022. Buildings defined as higher-risk buildings are included within the scope of the new more stringent regulatory regime for building safety, created by the 2022 Act.

[edit] Related articles on Designing Buildings

• ACM cladding.
• Building Safety Act.
• Building Safety Regulator reforms.
• Grenfell Tower articles.
• Grenfell Tower Fire.
• Hackitt review.
• High rise building.
• Higher risk residential buildings.
• Roof terraces and higher-risk buildings.
• The Higher-Risk Buildings (Description and Supplementary Provisions) Regulations 2023.
• The Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023.
• The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023.