Understanding Higher Risk Building (HRB) Regulations is Not As Simple As It Seems

How Wildheart supported a client with a misclassified HRB to correct the mistake, meet HRB regulations and avoid severe penalties.

The Building Safety Act 2022 (BSA) has redefined how high-rise residential buildings are managed, adding stricter requirements for those classified as Higher-Risk Buildings (HRBs).

On the face of it, the higher-risk building criteria appear to be straightforward. A building is considered higher risk if it has seven or more storeys or measures 18 metres or more in height.

That definition seems clear; however, determining whether your building meets the HRB criteria isn’t always easy. Getting it wrong can carry severe penalties, particularly for the Principal Accountable Person.

For one client on the South Coast, Wildheart’s detailed technical knowledge in understanding HRB criteria paid off, allowing them to identify and correct mistakes and meet compliance requirements. Read on to find out how.

Wildheart Residential Management Intervention: Client Support on a Misclassified Higher-Risk Building

Wildheart recently assisted a client who initially believed their property didn’t meet the HRB criteria. However, after a detailed survey, it became clear that the building did qualify as an HRB, meaning that it needed to be registered with the Building Safety Regulator (BSR).

The client had been unaware that the building met HRB criteria, so they had already missed the legal deadline to register with the BSR. That’s potentially an offence under the Building Safety Act 2022.

With Wildheart’s help, they’ve corrected this and are working towards full compliance.

This case highlights an important lesson. If you own or manage a tall residential building, you can’t afford to assume it does or doesn’t fall under HRB regulations. Accurate measurement and professional advice are essential.

How Can HRB Regulations Be Ambiguous? Wildheart Residential Management’s Technical Director, James Capper, Explains

Our client, having checked the HRB criteria, believed their building did not qualify. The building appeared to have six storeys and a height of under 18m, which would have meant it wasn’t an HRB. However, our investigation uncovered two key details.

• The basement, which was assumed to be fully below ground, had a ceiling partially above external ground level due to a stepped entrance. Under government guidance, this counts as a storey, making the building seven storeys tall.
• Additionally, the precise height measurement from the lowest external ground level to the finished floor level of the top storey was 18.3m, exceeding the 18m threshold set in Sections 31 and 117 of the BSA 2022.

As a result, the building met the HRB definition, bringing with it significant compliance obligations for the Principal Accountable Person (PAP).

Wildheart Provide Compliance Support to Meet HRB Regulations

Having a building meet HRB criteria has implications beyond the need to register with the BSR. It also carries with it the obligation to carry out additional duties under the Regulatory Reform (Fire Safety) Order 2005 (RRFSO) and the Fire Safety Act 2021.

HRB Implications – Are You Responsible for Building Safety?

The Building Safety Act 2022 was enacted to enhance the safety of residents following the tragic Grenfell fire. One of the key measures introduced is making the Principal Accountable Person (PAP) accountable for compliance with all regulatory obligations.

The PAP is an organisation or individual who owns or has a legal obligation to repair any common parts of the building.

“The PAP can employ an organisation or individual, like a managing agent, to carry out duties on their behalf. However, the accountability for making sure those duties are carried out and the liability for a building’s safety remains with the APs and PAP.”

What This Means for the Principal Accountable Person (PAP)

Under Section 73 of the BSA 2022, the PAP is legally responsible for managing building safety in an HRB. This is in addition to existing duties. The HRB status doesn’t replace these obligations—it adds to them.

An agent can manage, oversee compliance works and advise on building safety. But, as legal responsibility for compliance remains with the PAP, it is essential to have an agent who is competent and knowledgeable in building safety.

Wildheart Residential Management Supports Our Clients in Meeting HRB Regulations

On discovering that our client’s building met HRB criteria, the priority for the Wildheart team was to support our client in meeting their obligations to reduce risks and avoid any penalties.

HRB Regulations Require:

1. Registering the Building with the Building Safety Regulator (BSR) – Section 77

All HRBs must be registered with the BSR.

However, in this case, the building hadn’t been registered when it should have been. We helped the client correct this immediately.

2. Maintaining a Safety Case & Compliance Documents – Sections 85-89

The PAP must prepare and maintain a Safety Case Report, which includes:

• Risk assessments to identify hazards, particularly fire and structural risks.
• Preventative measures detailing how risks are controlled.
• Keeping records on design, construction, and maintenance to support safety management.

We’re currently helping this client develop their Safety Case Report to ensure they meet Section 88 requirements.

3. Fire Safety (England) Regulations 2022 – Additional Duties for 18m+ Buildings

Since the building is over 18m, it’s also subject to extra fire safety requirements under the Fire Safety (England) Regulations 2022:

• Floor and building plans (Regulation 6) must be submitted to the local fire and rescue service and kept up to date.
• External wall information (Regulation 5) must be documented, detailing materials used and associated risks.
• Wayfinding signage (Regulation 6) must be installed on every floor and in stairwells for emergency services.
• Fire door checks (Regulation 10) require regular inspections of flat entrance doors and communal fire doors.
• Monthly lift and fire equipment inspections (Regulation 7) must be carried out, with records available for enforcement authorities.

These are in addition to the general fire safety duties already required under the RRFSO and Fire Safety Act 2021. The HRB classification doesn’t replace these obligations—it reinforces them.

We are supporting the client in meeting all of these requirements.

4. Leaseholder Renovations: Navigating the BSR Gateway Process

Another major change is that all notifiable works must now be approved by the BSR instead of local building control. This applies to:

• Structural alterations, like removing walls or altering load-bearing elements.
• Fire safety modifications, such as compartmentation work or fire door replacements.
• Leaseholder renovations, even if they only involve changing a flat’s layout.

Previously, leaseholders could apply for approval through local building control. Now, for HRBs, the BSR is the statutory building control authority. Failing to follow the correct approval process could lead to delays, rejected applications, or enforcement action.

We’re supporting leaseholders in navigating these new requirements to ensure their renovation plans meet safety and compliance standards.

A Positive Outcome For Wildheart’s Client: Full Compliance and Future-Proofing

The Takeaway: Don’t Guess – Check Your Building’s HRB Status

This case study highlights a common problem. Many building owners assume their property doesn’t qualify as an HRB when, in reality, small details, like basement height or precise measurements, can change everything.

If you’re unsure whether your building meets HRB criteria or if you need help with registration, safety case development, or leaseholder compliance, we can help. You can read more about managing higher risk buildings HERE.

Don’t risk non-compliance. Get in touch today to make sure your building meets all legal requirements under the BSA 2022.