Building Safety Update: Consultation on the Higher Risk Buildings (Descriptions and Supplementary Provisions) Regulations

On 21 July the government’s consultation on higher-risk buildings closed. Higher-risk buildings is a concept set out in the Building Safety Act, and to which large parts of the Act apply.  This includes requirements relating to accountable persons, duty holders, the gateway process and what is often described as the golden thread (please see our later blogs for more on all of this).  A higher-risk building is essentially any building which contains 2 or more residential units and which is at least 18 metres or 7 storeys high. 

The consultation referred to the previously published draft secondary legislation and confirmed that the aim of the consultation is to seek views on the technical detail of these proposed regulations. 

In particular, the consultation considered how the height should be measured and what should or should not be included in the measurement – should it start at ground level? Further, should it exclude rooftop machinery and plant? The consultation also considered what type of building should be included, such as student accommodation, hospitals, care homes, hotels and military premises.  A distinction is being drawn between higher-risk buildings and the relevant building safety requirements during a) design and construction; and  b) during occupation.

There are two further consultations currently open in relation to building safety. Look out for blogs on these over the coming weeks.