In short: For the in-occupation regime, a higher-risk building (HRB) - commonly called a high-risk building - is a building with at least two residential units that is at least 18 metres tall or has at least 7 storeys. A building only needs to meet one of the height or storey thresholds, not both.
The test
A building is in scope if it contains two or more residential units and reaches either threshold:
- 18 metres or more in height, measured from ground level to the floor of the top occupied storey; or
- 7 storeys or more.
Meeting either one is enough. Some buildings meet both, but that is not required.
What is included and excluded
The threshold is about residential occupation. In the occupation phase the building must contain at least two residential units. Certain building types - such as secure residential institutions, hospitals and care homes - are treated differently and are generally outside the occupation regime, even where they meet the height test.
Why it matters
If your building is an HRB, the duties under the Building Safety Act 2022 and the regulations made under it apply. The principal accountable person must register the building with the Building Safety Regulator, keep the golden thread of information, assess the building safety risks and prepare a safety case report. Operating an occupied HRB that is not registered is a criminal offence.
How CTS helps
CTS confirms whether your buildings are in scope, then helps you achieve and maintain compliance - registration, golden thread, inspections and the safety case - recorded on the CTS BuildSafe platform.
Would you rather hand the day-to-day work to a specialist? CTS also offers fully outsourced building safety compliance - the duty met without building an in-house team.
Frequently asked questions
What is a higher-risk building?
In occupation, a building at least 18 metres tall or with at least 7 storeys, containing at least two residential units, in England.
What is the 11 metre threshold?
11 metres (or 5 storeys) is a separate threshold relating mainly to leaseholder protections and remediation, not to the higher-risk occupation duties - a common source of confusion.
Do care homes and hospitals count as higher-risk buildings?
During design and construction the higher-risk definition also captures care homes and hospitals meeting the height threshold; the in-occupation regime focuses on residential buildings.
Is a higher-risk building the same as a "high-risk building"?
Yes. Many people search for "high risk building", but the legal term under the Building Safety Act 2022 is "higher-risk building" - they mean the same thing: a building of at least 18 metres or 7 storeys containing two or more residential units.
General information, not legal advice. Reviewed by the CTS building safety team.
Take this guide with you
Download a branded PDF of this guide to keep, print or share with your board.
Talk to a building safety specialist
Independent, client-side advice for your higher-risk buildings.
Get in touch