Understanding the New Higher-Risk Building Guidance: What You Need to Know

With the introduction of the Building Safety Act, the UK government has aimed to bring greater clarity—and tighter requirements—to building safety. On 28th May 2025, updated guidance from the Ministry of Housing, Communities and Local Government set out to demystify a key aspect: what exactly is considered a “Higher-Risk Building” (HRB)?

Here’s what you need to know about the redefined regulations.

What Defines a Higher-Risk Building?

A building qualifies as “higher-risk” if it meets ALL of the following criteria:

• Height: At least 18 metres tall or has a minimum of 7 storeys.

• Use: Contains at least 2 residential units.

When measuring height, only above-ground storeys count—exclude rooftop plant/machinery spaces, terraces, and any levels below ground. If a building is on uneven ground, measure from the lowest ground point that touches the building.

Independent Sections: When the is more than one building

In large, existing building complexes, parts of the structure may function independently. If a section:

• Has its own outside entrance and exit,

• Can be accessed independently from within,

• And does not allow access between different ‘sections’ containing residential units,

it can be considered a separate building for the Higher-Risk regime.

This means:

• Sections with residential units may require HRB registration,

• Sections without residential units don’t need to be registered,

• Local authorities or private inspectors (RBCAs) can approve work in non-HRB independent sections.

Which Buildings Are Excluded from the HRB Occupation Regime?

Certain building types are excluded from being defined as “higher-risk” after occupation, even if tall:

• Care homes

• Hospitals

• Secure residential institutions (prisons, detention centres, young offenders’ institutions, etc.)

• Hotels and hostels for leisure/business guests

• Military barracks or any living accommodation for His Majesty’s forces, visiting forces, or international defence staff

So, if you’re working on these types, once occupied, they’re not subject to HRB occupation regulations—regardless of their size.

What About During Design and Construction?

The rules are a bit different during the design and construction phases:

• Care homes and hospitals are included in the HRB definition (if they meet the height/residential criteria).

• Once the building is occupied, they become exempt.

This nuance is important for compliance and for anyone tackling exam, professional development, or regulatory questions on the topic.

Mixed-Use, Supported, and Sheltered Accommodation

Mixed-use buildings (like those with retail shops and flats), university accommodation, and supported or sheltered accommodation are included in the HRB regime if they meet the height/residential threshold.

• This includes domestic abuse refuges, children’s homes, and homes for older people not categorized as care homes.

Key Definitions Clarified

Hospitals: Places for treating illness, convalescence, rehabilitation, or maternity, with at least one overnight bed.

• GP surgeries without overnight stays aren’t included.

Care Homes: Accommodation with personal or nursing care for illness, disability, or dependency.

Secure Residential Institutions: Only buildings used entirely for secure custody are excluded.

• If even part of the building is used for another purpose, HRB regulations may apply.

Hotels and Hostels: Places for overnight stay for leisure/business guests are out of scope, regardless of length of stay.

• Serviced apartments and short-term lets are HRBs if thresholds are met.

Military Premises: All buildings solely providing military or designated international force accommodation are excluded.

Key Takeaways:

• Updated guidance as of 28 May 2025—sharpening HRB definitions and exemptions.

• Residential, mixed-use, university, and certain supported housing are in; care homes, hospitals, hotels, secure institutions, and military accommodation are mainly out.

• Know when the rules include/exclude—especially during different phases.

• Designers and contractors must advise if work involves HRBs; appeals are possible for disputed cases.

For detailed scenarios and diagrams on classification, consult the official government guidance and make sure to check out the full episode on the definitions in Episode 175 of our podcast!