Works To Existing HRBs: Re-categorising Risk

The government has published a consultation, proposing changes to how building works to existing higher‑risk buildings (HRBs) are categorised for building control purposes.

The consultation, which closes on 28 May 2026, focuses on improving the "proportionality" of the Gateway 2 approval process for Category A and B works; and it also asks about published guidance, Competent Persons Schemes (CPS), and future reform.

What are Category A and B works?

“Building work” (defined in Building Regulations 2010) to existing HRBs must receive Gateway 2 building control approval from the Building Safety Regulator (BSR) before works begin, unless the work is exempt, carried out under a CPS, or qualifies as an emergency repair.

Works to existing HRBs are categorised as either Category A or Category B, both being overseen by the BSR.

Category A works are considered higher risk and require submission of a full suite of documentation (which mirrors that required for new HRBs), while Category B works require less documentation but must still comply fully with Building Regulations and dutyholder responsibilities.

Why change is proposed

The BSR has received around five times the expected number of Category A applications, with relatively minor works falling into Category A which was not the original intention. This has resulted in delays and increased costs for both residents and the BSR.

The government is now seeking views on two reforms (Option 1 and Option 2), to make the system more proportionate while maintaining safety standards.

Option 1: excluding most works within individual flats from Category A

The first proposal is to amend the legal definition of Category A works so that most building work within individual flats in residential or mixed‑use HRBs would fall outside Category A, on the basis that most of these works are small in scale.

However, works within a flat would remain Category A where they could have wider safety impacts, for example if they:

• Affect active fire safety measures (like fire alarms)
• Affect load‑bearing walls in the flat
• Affect external walls (excluding windows), or
• Involve work to fire doors that connect the flat to communal areas (subject to Option 2, below).

The building work would still need to meet the functional requirements of the Building Regulations and comply with dutyholder obligations. And works to communal or external areas, like staircases, would remain Category A (subject to Option 2).

Interestingly, the government also recognises that applicants could attempt to “game” the system, so it proposes working with the BSR to ensure any change to approach would be sufficiently robust to mitigate this.

Option 2: excluding small‑scale works in communal areas from Category A

The second proposal is to exclude small‑scale building work in communal areas from Category A, for all HRBs, including residential buildings, mixed‑use developments, hospitals and care homes.

To qualify as “small‑scale” though, the work would need to meet all of the following criteria:

• It can typically be carried out by a team of no more than three people
• It can typically be completed within five working days (40 hours), and
• It doesn't impact active fire safety systems (like sprinklers), load‑bearing walls, or external walls (excluding windows).

Any work affecting a building’s structural integrity would remain Category A.

And, again, building work would still have to comply with the functional and dutyholder requirements of Building Regulations.

Guidance, CPS, and future reform?

On top of this, the consultation also asks a number of questions about:

• Guidance - (in light of challenges that applicants have had in providing the right documentation for Gateway 2 applications, and in identifying whether their works are actually Category A or B works) how can existing guidance be improved, and where can additional guidance help?
• CPS - whether there are any types of building work that should be considered for a CPS in the future for Category B works. No immediate changes are proposed, but views are being sought at an early, exploratory stage
• Future reform - finally, whether works inside flats and small‑scale works should, in the longer-term, be removed from the higher-risk regime entirely, being overseen instead by other building control bodies outside the BSR. Any such change would require primary legislation and careful assessment of safety and accountability risks.

Helen Coxon, Associate in the Construction & Engineering Team reflects:

“The government has said that, while it currently proposes to implement both Options 1 and 2, any final decisions will depend on the consultation's outcome. But it is worth noting that in making these proposals, it has already engaged with the Statutory Residents Panel, industry representatives, the Building Advisory Committee, the BSR, and wider building and fire safety experts. So these plans are quite far advanced.

“How any changes are implemented will be crucial. Engagement with industry and residents, clear signposting, unambiguous guidance, and consistent application will all be essential if the reforms are to achieve their aim of improving proportionality without compromising safety.”

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.