Legislation, Regulations & Guidance
Latest
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The Ministry of Housing, Communities and Local Government (MHCLG) has released an updated version of Approved Document B (Fire safety) for both Volume 1 (Dwellings) and Volume 2 (Buildings other than dwellings) of the Building Regulations. These consolidated versions incorporate the 2019 edition with the 2020 and 2022 amendments, as well as the upcoming amendments for 2025, 2026, and 2029 - access them here.
The updated documents use a colour-coding system to indicate when amendments take effect:
Blue: 2025 amendments (effective March 2, 2025)
- Focus on Regulation 38 and fire safety information
- Removal of national classes for reaction to fire and roofs
- New provisions for sprinklers in care homesPurple: 2026 amendments (effective September 30, 2026)
- Recommendation for multiple common stairs in blocks of flats 18m or taller
- Building design provisions to support evacuation lifts in blocks of flatsOrange: 2029 amendments (effective September 2, 2029)
- Removal of national classes for fire resistanceThese changes, were first announced in a parliamentary statement on September 2, 2024
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In December 2024, the BSR updated its Making Buildings Safer webpage, featuring essential information on Building Assessment Certificate applications.
The updates include a new video presentation by Tim Galloway, delivered at The Property Institute’s Annual Conference in October, highlighting some of the common pitfalls in certificate applications. You can watch the video here.
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The contradiction between current legislation and guidance on what constitutes a higher-risk building was highlighted by the First-tier Tribunal (FTT) decision in Smoke House & Curing House, 18 Remus Road, London E3 2NF (LON/00BG/HYI/2023/0024). In Smoke House, the FTT applied the HRB Regulations 2023, finding that a roof garden was a storey, despite it being an open rooftop which was not fully enclosed. The FTT noted that the guidance appeared to go beyond the wording of the legislation and was not a reliable interpretation of the law.
In response, the government has added a note to the guidance stating that it and the Building Safety Regulator are considering the view of the FTT in Smoke House but "until stated otherwise, the sector and regulatory bodies should continue to refer to existing government guidance". This uncertainty leaves practitioners in a difficult position when advising on buildings where the inclusion of a roof garden may be the deciding factor in whether the building is an HRB.
The definitions of HRB's in the BSA 2022 are supplemented by the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 (SI 2023/275) (HRB Regulations 2023), which provide that a storey does not count towards the seven storeys if the storey is a rooftop plant or machinery area or consists exclusively of roof-top machinery or plant room (regulation 6, HRB Regulations 2023).
The government's guidance on what constitutes a higher-risk building is set out in three separate documents, housed on a collection page (see Guidance on the criteria for being a higher-risk building). The guidance states (emphasis added):
"A storey must be fully enclosed to be considered a storey. The roof of a building should not be counted as a storey. Open rooftops such as rooftop gardens are not considered storeys and should not be counted as such when determining the number of storeys or measuring the height."
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HSE’s second building safety conference, which took place in May in Birmingham was attended by over 1,400 industry leaders, regulators and resident representatives.
The conference featured almost 40 sessions and panel discussions providing detailed information on a breadth of topics including:
the building control application process for high-rise residential buildings
ways of working for the building control profession
more information on how to build a safety case and a resident engagement planIf you missed the opportunity to attend the BSR conference in May, you can watch back all of the key note speeches and sessions on HSE’s Youtube channel.
Amongst the many topics covered, sessions include updates on : Building Control Assessment process, Resident Engagement, Building Control profession, the Golden Thread, and Planning Gateways.
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The BSR has today published a ‘Safety Case Toolkit’ guide which is accessible here.
The information within the guide is aimed at accountable persons (defined under section 84 of the Building Safety Act 2022) to assist them in preparing a safety case report. A safety case report must demonstrate that all reasonable steps have been taken to prevent building safety risks happening and reduce the seriousness if they do.