The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023

Jurisdiction: England

Commencement: 6th April 2023

Amends: Building Safety Act 2022 (c. 30)

Mini Summary

The Building Safety Act 2022 predominantly applies to England and Wales. It introduces changes to building regulation in England for higher-risk buildings (i.e. buildings of at least 18m in height or with at least 7 storeys, which have 2 or more residential units). In Scotland and Northern Ireland its application is largely limited to liability for damages in relation to construction and cladding products. The Act also establishes the building safety regulator as part of the Health and Safety Executive (HSE).


Various duties apply.



In order to confirm if a building falls under the “high risk” building category, the height of a building is to be measured from the ground level to the top of the floor surface of the top storey.
When determining the amount of storeys a building has, the following is exempt from calculations:

  • any storey below ground level*;
  • any rooftop area that solely contains rooftop machinery or a plant area; and
  • any storey used as a gallery which has less than 50% internal floor area than the largest storey, either above or below it, provided that it is above ground level.

* Below ground level is defined as when any part of the ceiling is below ground level.

Exemptions to the definition of a “high risk building” are listed under Paragraph 7.

This amendment has no direct relevance to occupational health and safety matters.

Link to full government text


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