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Consultation outcome

Direction under the Building Act 1984: Dispensation for building work on mobile masts

Updated 9 July 2026

Direction under the Building Act 1984

In accordance with section 11(3C) of the Building Act 1984 the Secretary of State has consulted the Building Safety Regulator and such other persons as he considers appropriate. A public consultation was published by the government on 26 January 2026 entitled “Improving proportionality and safety outcomes in building control: telecommunications work”.

The Secretary of State considers that the operation of the requirements of regulations 11(1) and 40(2)(e) of The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (Building control approval for work to existing HRB and Completion certificate applications – updated change control log) are currently unreasonable in respect of the installation of mobile communications masts on the rooftops of existing higher-risk buildings.

The Secretary of State makes the following direction, in relation to buildings in England, in exercise of the powers conferred by section 11(1) of the Building Act 1984 (type relaxation of building regulations):

Dispensations for building work relating to mobile communication masts on rooftops of existing higher-risk buildings

1. In this Direction - “building work” has the meaning given in regulation 3 of the Building Regulations 2010; “higher-risk building” has the meaning given in section 120D of the Building Act 1984; “relevant person” has the meaning given in regulation 38 of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023; and any references to building work to an existing higher-risk building have the same meaning as “work to existing HRB” given in regulation 2 of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023.

2. The requirements of regulations 11(1) and 40(2)(e) of The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (Building control approval for work to existing HRB and Completion certificate applications – updated change control log) are dispensed with for building work that solely consists of the installation of a mobile communications mast on a rooftop of an existing higher-risk building and any ancillary connections or associated works required for that installation, subject to the compliance with all of the following conditions:

a. Appropriate firestopping, weatherproofing and soundproofing is undertaken. Appropriate fire stopping and weatherproofing is completed on the same calendar day that any hole is made in the higher-risk building. For external walls, the methods used for weatherproofing must be designed to prevent water ingress.

b. The installer can demonstrate their skills, knowledge and experience through having undertaken relevant training that includes fire stopping, weatherproofing techniques, soundproofing and structural assessments, and their competence is regularly reviewed.

c. Materials and products used conform with relevant product standards.

d. The relevant person (and, where more than one such person, each of them) has granted prior written approval for the building work, giving regard to the risk of external fire spread.

3. Under section 11(6) of the Building Act 1984 if a person contravenes any of the conditions specified in paragraphs 2.a to 2.d of this Direction or permits any such condition to be contravened, they will be liable on summary conviction to a fine and to a further fine not exceeding level 1 on the standard scale for each day on which the offence continues after they are convicted.

Period of the dispensations

4. This Direction has effect from 1 September 2026.

Previous breaches

5. This Direction does not affect the continued operation of the Building Act 1984, the Building Regulations 2010 and the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 in relation to any breach of the requirements mentioned in paragraph 2 which occurred before the date this Direction came into effect.

Signed on behalf of the Secretary of State for Housing, Communities and Local Government:

Keeran Jugdoyal, Deputy Director, New Build Standards and Performance

Date: 7 July 2026