Is my building a higher-risk building?
Higher-risk building status is the single switch that decides whether a project runs through the ordinary building control route or through the Building Safety Regulator's Gateway 1, 2 and 3 regime, with the golden thread, the accountable person duties and, in practice, a very different programme.
The test is: at least 18 m in height or at least 7 storeys, and containing at least two residential units. Hospitals and care homes are in scope during design and construction, but not for the in-occupation regime.
Higher-risk building
Height and storey tests both met, with 40 residential units. This building runs through Gateway 1 at planning, Gateway 2 before construction can start, and Gateway 3 before occupation.
Working
| Step | Value |
|---|---|
| Height test20 m against 18 mBSA 2022 s.65 | Met |
| Storey test7 storeys against 7BSA 2022 s.65 | Met |
| Residential unit test40 units against 2BSA 2022 s.65 | Met |
What this means
- Gateway 2 is a hard stop. Construction cannot lawfully start until the Building Safety Regulator approves, and the statutory determination period is 12 weeks for new builds, which in practice has been running well beyond that.
- Plan for change control from the outset. Once Gateway 2 is approved, major changes require a further application and notifiable changes must be recorded; a design that is still moving is the most expensive kind of design under this regime.
Sources
- Building Act 1984, section 120D (inserted by the Building Safety Act 2022)Meaning of higher-risk building for the design and construction regime: at least 18 m or 7 storeys, and of a description specified in regulations. SI 2023/275 regulation 2 specifies a building containing at least two residential units, a care home, or a hospital.
- Building Safety Act 2022, section 65Meaning of higher-risk building for the in-occupation regime: at least 18 m or 7 storeys, and containing at least two residential units. Care homes and hospitals fall out here, and regulation 8(2) of SI 2023/275 excludes them expressly.
- The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023How height and storeys are measured, and which building types are excluded.
- The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023Gateway 2 and Gateway 3 procedures, change control and the golden thread.
This is an engineering aid, not engineering advice. The result above is produced from the inputs you gave and the guidance cited. It does not account for everything a competent fire engineer would consider on a real building, and it is not a substitute for reading the current published standard. Check every number before it goes into a design.
Questions people ask
What is a higher-risk building?
A building of at least 18 metres in height or at least 7 storeys, which contains at least two residential units. Hospitals and care homes meeting the height or storey test are also in scope for the design and construction regime, but not for the in-occupation regime.
How is the height of a higher-risk building measured?
From ground level to the top of the floor surface of the top storey of the building, ignoring any storey that consists only of roof-top plant or machinery. Where the ground is not level, it is measured from the lowest part of the ground next to the building.
Are hotels higher-risk buildings?
Generally no. Hotels do not contain residential units in the sense the regulations use, so they fall outside the definition even when they are tall. They remain subject to Approved Document B, the Fire Safety Order and, for design, the ordinary building control route.
What does higher-risk building status trigger?
Gateway 1 at planning, Gateway 2 as a hard stop before construction can begin, Gateway 3 before occupation, mandatory occurrence reporting, the golden thread of information, change control during construction, and, once occupied, registration with the Building Safety Regulator plus a safety case report and accountable person duties.
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