Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023
They settle, with a tape measure and a floor count, whether your building is a higher-risk building. They say how a building is measured for the 18 metre and 7 storey test in the Building Safety Act 2022, and which tall buildings are left out.
On this page
In short
- Height is measured from ground level to the top of the floor surface of the top storey (reg. 5).
- Storeys below ground, roof-top plant rooms and small galleries are not counted (reg. 6).
- Some buildings are excluded: one that consists entirely of, for example, a care home, a hospital or a hotel is not a higher-risk building for Part 4 of the Building Safety Act 2022 (reg. 8). In force 6 April 2023.
Your line
Three example buildings against the 11 metre and 18 metre lines. The 26 metre building is marked: these regulations say how height and storeys are measured for the 18 metre and 7 storey test.
Does this apply to my building?
What is the test these regulations measure?
A higher-risk building is at least 18 metres high or has at least 7 storeys, and contains at least 2 residential units (Building Safety Act 2022 s.65(1)).
Does a building need both the height and the storeys?
No: either one is enough, as long as the building has at least 2 residential units (s.65(1)).
Is my building excluded?
Only if it consists entirely of an excluded use, such as a care home, a hospital, a secure residential institution, a hotel or military barracks (reg. 8).
What you need to do
Measure the height from ground level to the top of the floor surface of the top storey (reg. 5).
Count the storeys above ground, leaving out roof-top plant rooms and small galleries (reg. 6).
If the building meets the test, the Building Safety Act 2022 duties apply, starting with registration (s.78).
The detail
What if the ground slopes?
Regulation 5(2) sets the rule for measuring from sloping ground.
Where is the two-unit rule?
In the Act itself, s.65(1)(b); the regulations define a residential unit (reg. 1(3)).
Is the same test used for building control?
Not exactly: for the Building Act 1984, reg. 7 sets the exclusions, and it does not leave out care homes or hospitals.
What changed and when
- 6 April 2023: the regulations come into force (reg. 1(1)).
- 16 January 2024: reg. 8(2) is substituted (SI 2024/40 and SI 2024/41).
Penalties
- These regulations create no offence or penalty of their own. The offences in this area are in the Building Safety Act 2022: occupying a higher-risk building that is not registered (s.77) and, where people are put at critical risk, breaking a relevant duty (s.101). See the Building Safety Act 2022 guide.
How Golden Ledger helps
When your council sends you a letter, Golden Ledger keeps one clear record of your building, which your council reviews. It asks you to confirm your building's height and storeys. See when your council has reviewed your submission.
Sources and checked date
- SI 2023/275: regs 1, 5, 6, 7 and 8, read 21 Oct 2026
- Building Safety Act 2022 s.65, read 21 Oct 2026
Checked against legislation.gov.uk on . What has changed
General information, not legal advice. Golden Ledger shows which rules and funding routes may apply, based on your answers. A qualified professional should confirm them. Golden Ledger does not enforce the law, is not the Building Safety Regulator and does not give legal advice. Your council reviews what you send. Fire safety law is enforced by your fire and rescue authority. In higher-risk buildings, the Building Safety Regulator also enforces the duties in Part 4 of the Building Safety Act 2022.
Got a letter from your council?
Enter the code to claim your building. It is free for owners.