Building Safety Act Feasibility: Assessing HRB Risk Before Commitment
Understanding Higher-Risk Building obligations at the earliest stage
The introduction of the Building Safety Act has fundamentally changed how residential projects should be assessed at feasibility stage. For buildings that may fall within the definition of a Higher-Risk Building (HRB), regulatory considerations can no longer be treated as a downstream issue to be resolved after acquisition or once design development is underway.
In practice, one of the most significant risks on residential projects is not whether a building is definitively an HRB, but whether its status is uncertain when key decisions are being made. Where this uncertainty is ignored, projects can progress on assumptions that later prove incompatible with heightened regulatory scrutiny.
This article explains why early HRB feasibility matters, how regulatory risk can be assessed proportionately, and why early advisory input often determines whether a project remains viable.
For a wider overview of the HRB framework, see our High Risk Building Hub , which brings together guidance on the Building Safety Act, Gateways and HRB delivery.
Why HRB status uncertainty is itself a material risk
HRB classification is not always straightforward at feasibility stage. Building height, storey count, residential configuration and historic subdivision can all create ambiguity—particularly in historic, converted or mixed-use buildings.
Despite this, feasibility studies are often prepared without confirming whether HRB obligations apply, on the assumption that the issue can be resolved later. Under the current regulatory regime, this approach carries significant risk.
If a building is later confirmed to fall within HRB scope, design assumptions that were previously acceptable may need to be revisited to satisfy Gateway requirements, dutyholder responsibilities and Building Safety Regulator expectations. This can result in redesign, programme delay or stalled decision-making at precisely the point when commercial certainty is needed.
Gateway thinking before Gateway exists
One of the most common misconceptions around the Gateway process is that it only becomes relevant once a formal submission is required. In reality, the success or failure of Gateway 2 is often determined much earlier—at feasibility stage.
Fire strategy, escape routes, compartmentation and protected construction frequently define the limits of what is viable within an HRB refurbishment. If these constraints are not explored early, schemes can progress with layouts and assumptions that later prove incompatible with Gateway expectations.
Treating Gateway requirements as a design driver—rather than an administrative hurdle—allows informed decisions to be made before commitments are locked in. This approach underpins our HRB advisory work and is reflected throughout our Building Regulations Advisory Service .
Why refurbishment HRBs present particular challenges
Refurbishment projects within Higher-Risk Buildings often present greater regulatory complexity than new-build schemes. Existing structure, historic fabric and incomplete records can restrict available compliance routes and increase reliance on clear justification and proportionate assumptions.
In this context, regulatory approval is rarely achieved through prescriptive solutions alone. Instead, it depends on demonstrating how compliance is achieved within real constraints—and why proposed approaches are appropriate, reasonable and defensible.
This is where early advisory input can be critical. Our High Risk Building consultancy is frequently used at feasibility stage to identify regulatory pressure points before design positions become fixed.
Fire strategy as a feasibility determinant
On HRB refurbishment projects, fire strategy often determines whether a scheme is viable at all. Protected routes, travel distances, corridor geometry and compartmentation requirements can fundamentally alter layouts, unit numbers and usable floor area.
Recognising this early allows clients to make decisions based on realistic regulatory parameters rather than optimistic assumptions that may later be challenged at Gateway stage.
Fire strategy feasibility does not require a fully developed solution at this stage, but it does require enough clarity to understand where constraints exist and how they are likely to influence design outcomes.
Heritage considerations within the HRB regime
Where Higher-Risk Buildings are also listed or located within conservation areas, regulatory complexity increases further. Fire safety interventions must be balanced against heritage significance, and not all technically optimal solutions will be acceptable in historic fabric.
Successful outcomes depend on early identification of unavoidable conflicts and clear explanation of why certain interventions are necessary, proportionate and justified. This balance is explored further within our HRB guidance and historic case studies.
Our work on historic HRBs—including projects such as Tea Trade Wharf —demonstrates how heritage and compliance can be aligned through early strategy.
What early HRB feasibility enables
Approached correctly, HRB feasibility does not prevent projects from progressing. Instead, it provides clarity.
By identifying regulatory constraints early, clients are able to:
- Understand whether proposals are realistically deliverable
- Assess risk before acquisition or major financial commitment
- Avoid late-stage redesign and regulatory delay
- Engage with Gateway processes from an informed position
This approach aligns closely with the intent of the Building Safety Act—embedding safety, accountability and competence earlier in the design and delivery process.
Frequently asked questions
The following questions and answers summarise common queries relating to this topic.
HRB risk should be considered at feasibility stage because Higher-Risk Building obligations can significantly affect design, programme, cost and project viability. If a building is later confirmed to fall within HRB scope, early assumptions may need to be revisited, which can lead to redesign, delay or uncertainty before a project can progress.
Yes. Gateway 2 should be considered long before a formal submission is prepared. Fire strategy, escape routes, compartmentation and protected construction can all influence whether a scheme is viable, so Gateway thinking should inform feasibility and early design decisions.
Refurbishment projects within Higher-Risk Buildings are often more complex because existing structure, historic fabric, incomplete records and occupied building conditions can limit straightforward compliance routes. Successful projects usually require clear justification, coordinated technical input and proportionate regulatory strategy.
Yes. A listed building or building within a conservation area can also fall within the Higher-Risk Building regime if it meets the relevant criteria. In these cases, fire safety and Building Safety Act requirements need to be carefully balanced with heritage significance and the protection of historic fabric.
HRB feasibility as a professional responsibility
The Building Safety Act places increased emphasis on competence, accountability and clear professional judgement. This applies not only at Gateway stages, but also at the point where advice is first given and relied upon.
Providing early HRB feasibility input requires transparency about what is known, what remains uncertain, and how advice should be framed to support informed client decisions. This clarity underpins the Principal Designer role and the wider intent of the Act.
Our advisory work is structured to support this responsibility—providing clarity without overstating certainty, and ensuring clients understand the regulatory landscape before committing to a course of action.
How early HRB feasibility fits within our wider services
Early HRB feasibility forms part of Folly Architects’ wider professional offering for complex residential projects. It is frequently undertaken alongside—or in advance of—more detailed design or advisory commissions.
Related services include:
Together, these services allow HRB obligations to be addressed proportionately, transparently and at the point where they can most effectively inform decision-making.
Further guidance and next steps
If you are assessing a residential building that may fall within HRB scope—or are unsure how the Building Safety Act applies to a potential project—further guidance is available through our HRB resources and FAQs.
To discuss early-stage HRB feasibility or regulatory strategy on a specific project, you can contact us at hello@follyarchitects.com.
Contact us
If you would like to discuss a project, clarify regulatory requirements, or understand how our experience may be relevant to your work, you are welcome to get in touch.
