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Definition of Higher Risk Buildings
i. 18m tall or higher; and
ii. Contains two or more residential units.
i. 7+ storeys tall; and
ii. contains two or more residential units.
Excluded buildings: those used entirely as a hotel, secure residential institution, military premises or prison.
These buildings are covered by separate workplace safety regulations.
Note: hospitals and care homes can be a HRB (if they meet the height/storey requirements) for gateway 1 and 2 but are excluded for gateway 3. Clarification as to the Gateways is set out below and recent regulations confirm they do not need to be registered with the BSR.
✓ Height measured from lowest point on ground level
✓ Basement included as a storey if any part is visible from ground level
✗ Basement not counted as a storey if no part is visible
✗Rooftop machinery is excluded from height measurements
Detailed regulations defining HRB's have been published by the government.
If you want specific advice as to whether your building is within the scope of the definition, you may wish to contact your surveyor.
According to the government, there are currently 12,500 HRBs in England, with an estimated 1.13 million residential units within these buildings.
HRBs must now be registered with the Building Safety Regulator (BSR) by 30 September 2023.
Connected structures may be registered as one building if they are connected by either:
(i) an internal wall containing normal use doors; or
(ii) a walkway, lobby or basement, containing a residential unit.
The principal contractor, and other duty holders, must submit a building control approval application to the BSR outlining design proposals. No construction can begin until such approval is granted.
This authorisation carries an estimated turnaround time of 12 weeks.
The developer must submit a Completion Certificate application to the BSR.
This authorisation carries an estimated turnaround time of 12 weeks. No occupation is permissible until approval is granted by the BSR.
Each building must have one clearly identifiable PAP. If there is just one AP for a building, they will be the PAP.
The PAP can be an individual or an organisation, such as a commonhold association, local authority, or social housing provider.
If there is uncertainty over who is an AP, or the PAP, an interested party can apply to the First-tier tribunal for a decision. An interested party can be:
1) Apply to the BSR to register existing HRBs before 30 September 2023.
Information required includes:
2) Obtain a Completion Certificate (Gateway 3) before occupation.
3) Once registration has been submitted: prepare and submit the Key Building Information to the BSR within 28 days.
The PAP is under an ongoing duty to notify the BSR of any change to the Key Building Information within 28 days of becoming aware.
4) Once the building is occupied, prepare a Safety Case Report (including assessments of other APs if applicable) and submit it to the BSR.
5) Apply for a Building Assessment Certificate within 28 days of a request by the BSR.
6) Display an up-to-date Building Assessment Certificate, any Compliance Notice and other information about APs (if applicable) in a prominent place for residents.
7) Create and implement a system to investigate complaints about Aps.