You may have seen from our social media that CROE Architects are now working on large-scale office-to-residential schemes. These projects have exposed us more and more to Higher-Risk Building (HRB) applications and the extra scrutiny they bring.
Some of the schemes we’re involved in were designed and approved when the previous rules did not require HRB compliance. But since the regulatory changes, any new build or conversion that meets the thresholds must comply. This often has significant implications for viability, sometimes requiring a redesign of the basic layouts before a project can proceed.
What is an HRB, and why does it matter?
In England, an HRB (Higher-Risk Building) is defined as:
- A residential building of 7 storeys or more, or
- Any building where a residential floor level is over 18 metres from ground level, and
- It contains at least two residential units.
Under the Building Safety Act 2022, all HRBs are subject to stricter regulation. That includes:
- New duty holders called Responsible / Accountable Persons
- Registration with the Building Safety Regulator (BSR)
- Additional layers of safety oversight and documentation.
The Gateway Process: Key Checkpoints
To make sure safety is built in from the very start, the HRB regime uses a “Gateway” system. These are stop/go points in the life of a project, where the Building Safety Regulator or local authority must confirm compliance before moving forward.
1. Gateway One – Planning stage
Fire safety must be addressed upfront in the planning submission: site layout, escape routes, and external envelope. The requirement has applied since August 2021.
2. Gateway Two – Before construction starts
The design team must demonstrate to the BSR that materials, structure, and fire safety are fully integrated into the design. No works can begin until this approval is granted.
3. Gateway Three – Before occupation
Before an HRB can be occupied, a final check confirms that the completed building matches the approved design and meets all safety and regulatory standards. The building must also be formally registered with the BSR.
Where the Changes Hit
Compared with non-HRB projects, the following areas are subject to greater scrutiny and can change viability:
- Access standards, unit heights, staircases, external envelope details
- Fire safety design including escape routes and external wall systems
- Material specifications and structural details
- Competence requirements — everyone involved (client, design team, contractor) must demonstrate the right qualifications and processes
For developers and architects, this often means:
- Increased consultant input
- More detailed design documentation
- Longer building control sign-off times
- Higher upfront compliance costs
CROE’s Approach: HRB Reviews & Early Assessment
Because these rules now apply to so many schemes, we offer HRB reviews early in the process. Our approach includes:
- Assessing whether HRB regulations apply to your project
- Informing clients about cost, timescales, and design trade-offs
- Adjusting layouts, heights, or envelope design to maintain viability while ensuring compliance
- Coordinating closely with fire safety consultants, structural engineers, and the BSR
For example, we recently reviewed a scheme approved under old regulations. Once re-assessed, it became clear that a proposed floor over 18m triggered HRB status — bringing added cost and constraints. By redesigning to keep key floors below the threshold, we helped the client balance safety, compliance, and viability.
Risks & What Can Go Wrong
Common pitfalls we’ve seen include:
- Submissions missing essential documentation (fire safety, structural or external wall details) — leading to costly delays.
- Uncertainty around HRB registration, which is now a legal requirement. Non-compliance can result in significant penalties.
- Long approval times at Gateways 2 and 3 — with some projects delayed by months.
- Recent data suggests nearly 90% of HRB applications fail first submission, mostly due to incomplete information, poor team coordination, or weak document control.
Why Acting Early Matters
- Design choices (height, layout, envelope) made at concept stage can decide whether HRB rules apply.
- Compliance costs are much harder to manage if left as an afterthought.
- Delays at Gateways are far more expensive than investing in proactive planning.
Conclusion
The HRB regime and Gateway process mark a significant shift in UK building regulation: tighter safety oversight, stronger accountability, and more rigorous documentation. While complex, they also represent best practice — leading to safer, higher-quality buildings.
At CROE, we work with clients early to review HRB risks, explore options, and design schemes that are not only functional and beautiful but also safe, compliant, and deliverable.
If you’re considering a new scheme that may cross HRB thresholds — or taking on a previously approved project that now requires HRB reassessment — we’d recommend starting the conversation early, before design is locked in.
References & Further Reading:
Applying to register a high-rise residential building – GOV.UK
Building Safety Regulator: higher-risk buildings, gateways, competence – GOV.UK
RICS Building Safety Act FAQs
ICE Guidance on Building Safety Act and competence