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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
Full glossary
Legal term
Construction Law

Higher-Risk Building

As defined by the Building Safety Act 2022, a building that is at least 18 metres in height or has at least 7 storeys, and contains at least 2 residential units. Higher-risk buildings are subject to the enhanced regulatory regime overseen by the Building Safety Regulator, including requirements for an Accountable Person, a safety case report, and a mandatory residents' engagement strategy.

Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.

Section 65 of the Building Safety Act 2022 sets out the statutory threshold. A building meets the definition where it is at least 18 metres in height or has at least 7 storeys, and contains at least 2 residential units. Meeting this threshold triggers an entirely separate regulatory track, run by the Building Safety Regulator rather than an ordinary local authority or private building control body.

Government guidance confirms and restates the same test in plain terms for those managing these buildings: a higher-risk building is a building that has at least 7 storeys or is at least 18 metres high, and 2 residential units or is a hospital or a care home meeting the same height threshold.

From October 2023, higher-risk buildings pass through a distinct 'gateway' building control process and, once occupied, become subject to ongoing duties on an Accountable Person to keep the 'golden thread' of safety information up to date and to operate a residents' engagement strategy — obligations that do not apply to buildings falling below the section 65 threshold.

Example

An 8-storey block of flats falls within the higher-risk building regime purely by virtue of its storey count, even if it is measured at slightly under 18 metres, because the Act's two limbs (height or storeys) are alternatives, not both required.

Related terms

Official sources

This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.