Navigating Higher-Risk Building Regulations
Understanding How the Building Safety Act Has Changed Higher-Risk Building Delivery
The introduction of the Building Safety Act has fundamentally changed how Higher-Risk Buildings (HRBs) are designed, coordinated and approved across England. Projects that fall within the HRB regime are now subject to a more structured regulatory process, with greater scrutiny from the Building Safety Regulator and significantly higher expectations around design coordination, compliance evidence and dutyholder accountability.
For clients, developers and project teams, understanding the relationship between High Risk Building Consultant Services, High Risk Building Hub guidance and early-stage Building Regulations strategy is increasingly important. Many of the delays now affecting projects stem not from major design failures, but from uncertainty around regulatory expectations and information requirements.
The challenge is often recognising how early HRB obligations influence feasibility, procurement, consultant coordination and programme planning. Decisions made before a Gateway submission is assembled can have significant implications later in the approval process.
At Folly Architects, we regularly advise clients on Gateway submissions, Building Safety Act compliance and regulatory strategy. We also publish practical guidance through articles such as Taking Over as Principal Designer on a Higher-Risk Building and Navigating Gateway 2 in Knightsbridge, which explore how the regime operates in real projects.
What Has Changed Under the Building Safety Act?
The Building Safety Act introduced a more accountable framework for Higher-Risk Buildings, shifting the focus away from simple procedural approval towards demonstrable compliance and controlled design management.
Where qualifying residential buildings were previously reviewed through traditional Building Control routes, oversight now sits with the Building Safety Regulator. This means project teams must provide coordinated evidence showing how Building Regulations compliance has been considered, managed and documented throughout the design process.
Why Higher-Risk Building Projects Require A Different Approach
One of the most significant differences within the HRB regime is the expectation that design information is substantially more developed before construction begins. Gateway 2 submissions require a level of technical coordination that many teams historically delivered during later project stages.
The regulator is not simply reviewing isolated drawings. It is assessing whether architectural, structural, fire and building services information forms a coherent and traceable compliance strategy. Inconsistencies between consultant information can quickly lead to regulatory challenge or requests for further information.
The Role Of The Building Safety Regulator
The Building Safety Regulator acts as the Building Control authority for Higher-Risk Buildings and is responsible for reviewing Gateway submissions, assessing compliance evidence and overseeing key stages of project approval.
In practice, successful submissions rely on clarity. The strongest applications clearly explain design intent, identify safety-critical decisions and demonstrate how compliance has been achieved across the project rather than relying on generic statements or fragmented documentation.
Our Gateway Regime guidance article explores how this differs from traditional Building Regulations applications.
Understanding The Gateway Process
The Gateway process forms the backbone of Higher-Risk Building approvals. Although every project is different, the structure generally follows three key stages.
Gateway 1 introduces fire safety considerations during planning. Gateway 2 requires detailed pre-construction approval before works commence. Gateway 3 focuses on completion, handover and occupation requirements.
Gateway 2 is often the most demanding stage because it requires design information to be coordinated, reviewed and sufficiently developed before construction starts. This often affects programme planning, consultant appointments and procurement strategies far earlier than many clients initially expect.
Dutyholders, Competence And Accountability
The legislation also formalises statutory dutyholder roles, including the Client, Principal Designer and Principal Contractor. These appointments carry specific legal responsibilities and must not be treated as administrative formalities.
The Building Regulations Principal Designer has a particularly important role in planning, managing and monitoring design work to support Building Regulations compliance. Successful projects typically involve clear responsibility structures, early coordination and disciplined information management.
Where responsibility boundaries become unclear, regulatory uncertainty often follows. This is especially relevant on refurbishment projects involving multiple consultants, specialist contractors and phased works.
Frequently asked questions
The following questions and answers summarise common queries relating to this topic.
In most cases, a Higher-Risk Building is a residential building that is at least 18 metres high or seven storeys and contains multiple residential units. Specific project circumstances should always be reviewed individually.
Not every project is identical, but works affecting fire safety, structure, compartmentation or other regulated elements may require Building Safety Regulator approval. Early assessment is important.
Gateway 2 is the pre-construction approval stage where coordinated design information and compliance evidence must be submitted to the Building Safety Regulator before work can commence.
The Principal Designer plans, manages and monitors design work to help ensure compliance with Building Regulations and coordinates the design team's approach to regulatory obligations.
Common causes include inconsistent consultant information, incomplete documentation, poor change control procedures and unclear compliance narratives.
Refurbishment Projects Within Higher-Risk Buildings
Many clients incorrectly assume that only major redevelopment projects are affected by HRB regulations. In reality, refurbishment and internal alteration projects can still trigger significant regulatory requirements where fire safety, structure, compartmentation or means of escape are affected.
Existing buildings often introduce additional complexity through incomplete records, historic construction methods and legacy fire strategies. As a result, successful approval frequently depends on carefully structured technical narratives rather than prescriptive compliance alone.
Projects involving listed buildings or complex mansion blocks can require particularly careful coordination, as demonstrated within our Gateway 2 submission in a Knightsbridge listed building case study.
Common Mistakes We See On HRB Projects
A recurring issue is treating HRB compliance as a late-stage exercise. By the time Gateway submissions are being assembled, many fundamental design decisions have already been made.
Other common problems include inconsistent consultant information, poorly controlled design changes, unclear responsibility structures and overreliance on generic compliance templates that do not properly reflect the building being submitted.
The most successful projects establish a regulatory strategy early, maintain coordinated information throughout design development and continuously assess how design decisions affect compliance evidence.
Planning Ahead For Regulatory Success
Although the Higher-Risk Building regime has introduced additional complexity, many regulatory challenges can be avoided through early planning, structured coordination and realistic programme management.
Understanding whether a project falls within HRB scope, what Gateway requirements apply and what information the Building Safety Regulator is likely to expect allows teams to make informed decisions from the outset. This reduces redesign risk, improves submission quality and helps projects progress more efficiently.
For clients considering works within a Higher-Risk Building, early advice can provide valuable clarity on scope, responsibilities and approval pathways before significant design resources are committed.
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.
