Policy paper

Letter on government response to definition of higher-risk buildings review

Published 17 December 2025

Applies to England

Sender

Keeran Jugdoyal, Deputy Director, New Builds Standards and Performance, Ministry of Housing, Communities and Local Government

Recipients

Local Government Chief Executives and Heads of Building Control

Registered Building Control Approvers

The Chief Fire Officer, Fire and Rescue Authorities

Date

17 December 2025

Subject

Government response to the Building Safety Regulator’s initial review of the definition of higher-risk buildings.

Letter

Dear Sir, Madam,

Following the Grenfell Tower Inquiry’s recommendation to urgently review the definition of higher-risk buildings in September 2024, the Building Safety Regulator (the Regulator) conducted an initial review and concluded, at the time of publication, there is insufficient evidence to suggest changes should be made – further detail is set out below. This view is supported by the Ministry of Housing, Communities and Local Government (MHCLG).

In the early hours of 14 June 2017, a fire broke out in the kitchen of Flat 16 Grenfell Tower, a high-rise residential building in West London. The fire, which should have been contained within Flat 16, escaped into the external envelope of the building and spread rapidly engulfing most of the building. Tragically, 72 lives were lost, including 18 children.

The Grenfell Tower Inquiry, established under the Inquiries Act 2005, investigated the causes and circumstances surrounding the tragedy. The identification of urgent safety failures has led to significant reforms being made since 2017 in: fire safety and regulation; remediation; social housing and resilience and emergency response, including passing the 2022 Building Safety Act, which established the higher-risk building regime.

The higher-risk regime

The Building Safety Act introduced a higher-risk regime covering both design and construction (work to an existing building or to create a new building), and occupation. During design and construction, higher-risk buildings include those with at least two residential units, care homes, and hospitals that are 18m+ or 7+ storeys. In occupation, the definition excludes care homes and hospitals, focusing solely on residential buildings meeting the same height/storey criteria.

The scope of the higher-risk regime focused on the level of risk found in high-rise residential and other in scope buildings and was developed through public consultation and extensive stakeholder engagement, using building use as a proxy for vulnerability. Care homes and hospitals were included in the design and construction part of the regime on account of building use. 

Grenfell Tower Inquiry Phase 2 Report

The Grenfell Tower Inquiry’s Phase 2 report (published 4 September 2024) contained 58 recommendations. One of which criticised height-based definitions as arbitrary and emphasised the importance of considering building use and the presence of vulnerable individuals (for whom evacuation in the event of a fire or other emergency would be likely to present difficulty)^{[footnote 1]}. It recommended an urgent review of the definition of higher-risk buildings under the Building Safety Act.

The initial review

The Regulator - having a statutory duty to keep the safety and standard of all buildings under review, a remit to provide advice to the government on matters relating to the built environment  and responsibility for enforcement of the higher-risk regime -  was commissioned by the Ministry of Housing, Communities and Local Government to undertake the review, having particular regard to building use and the presence of vulnerable people.

Their initial review considered:

• the existing evidence on the risks related to the spread of fire and structural failure.
• resident vulnerability
• the challenges associated with a change in scope, and
• industry feedback

The Regulator conducted an initial review and concluded, at the time of publication, there is insufficient evidence to suggest changes should be made. This view is supported by the Ministry of Housing, Communities and Local Government.

This does not prevent future changes to the definition of higher-risk buildings which, as set out by the Regulator, will be kept under continuous review. Where appropriate, the categories of buildings subject to the enhanced regulatory oversight and requirements of the higher-risk regime may be either expanded or reduced to reflect the most up to date evidence available. The presence of vulnerable individuals within designated building types will remain central to any assessment of risk.

Any changes to the definition of a higher-risk building will consider proportionality, implementation requirements, the impact on the sector and would be subject to consultation. Changes would also require approval by Parliament and be subject to a suitable transition period.

Yours faithfully,

Keeran Jugdoyal

Deputy Director, New Builds Standards and Performance, Buildings, Resilience and Fire Group, Ministry of Housing, Communities and Local Government

Annex A: links to legislation and guidance

• The Building Act 1984

• The Building Safety Act 2022

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

• Guidance on the criteria for being a higher-risk building

1. Grenfell Tower Inquiry: Phase 2 Report. Recommendation 113.7. ↩