Instead of changing the definition, the government announced just before Christmas that the Building Safety Regulator will carry out an ongoing, evidence-led review, keeping the position of care homes and other sensitive building types under scrutiny.
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Under the Building Safety Act 2022, higher-risk buildings are defined as being at least 18 metres tall or seven storeys, and containing two or more residential units. While care homes and hospitals are treated as HRBs during design and construction, they are excluded from the in-occupation phase of the regime, because they are covered by other existing legislation, including the Fire Safety Order 2005.
A recommendation from Phase 2 of the Grenfell Tower Inquiry questioned whether height alone was an adequate definition of risk and called for greater consideration of occupant vulnerability and evacuation difficulty.
However, the government’s review, which assessed evidence including fire incident data, the practicality of incorporating vulnerability into legislation, and the impact of expanding the HRB scope on regulators and industry, concluded that there was currently insufficient evidence to justify an immediate change, warning that more subjective criteria could undermine clarity and enforceability.
Objective definition
A statement from the Ministry of Housing, Communities and Local Government said: “One of the goals behind the original definition of a higher-risk building was to ensure that it could be clearly understood and applied. The current definition is objective… this is crucial for allowing industry to adjust effectively to the regime and preventing confusion around which buildings are in scope of the higher-risk regime impacting their work.
“Allowing subjective factors to be included would create uncertainty and inconsistencies as to whether a building was within or out of scope of the higher-risk building regime. Occupant vulnerability is a subjective factor.”
The review also pointed to parallel safety reforms affecting care homes, including changes to Approved Document B requiring sprinklers in all new care homes regardless of height.
What happens next
Rather than a one-off decision, the government has committed to an ongoing risk-based review of the HRB definition, led by the Building Safety Regulator. This will involve continuous monitoring of evidence, engagement with experts and stakeholders, and consideration of emerging fire safety risks.
A further opportunity to revisit the scope will come with the statutory five-year review of the Building Safety Act, due in 2027, at which point changes to the definition – including how care homes are treated – could be proposed if supported by evidence.
