Following the Grenfell disaster on 14 June 2017 and resultant Hackitt Review, Government has put in place legislation that changes the building safety regulatory landscape for tall residential occupancy type buildings.

Following the enactment of The Building Safety Act 2022 on 28 April 2022, secondary associated legislation was made and laid before Parliament in August 2023 and came into force on the 1 October 2023.

Below is some information on how the procedural changes may affect those working on new-build or alterations to tall residential buildings in England and Wales.

What is a Higher-risk building (HRB)?

A building or linked-together structures that contains at least two residential units with an occupied level at least 18M from ground level, or has at least 7 storeys.

A building that comprises of entirely a secure residential institution, hotels or military barracks is not classified as an HRB. Flats, apartments and student accommodation are classified as HRBs.

What types of building work are subject to the Building Safety Act?

The erection of an HRB or any building work within a HRB is subject to the provisions in the Building Safety Act and from 1 October 2023 an online building control application will need to be made to the HSE BSR under Gateways 2 and 3.

Further Reading

The Building Safety Act 2022
The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023. SI 2023 No. 909
The Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023. SI 2023 No.906
The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. DRAFT SI 2023 No. TBC
HSE – Building Control: An overview of the new regime Gateways 2 and 3 – application to completion certificate Published 08/23