Higher-Risk Buildings: What Every High-Rise Developer Needs to Know Before Breaking Ground

Short answer: a higher-risk building in England is broadly a residential building at least 18 metres or seven storeys high with at least two homes. Under the Building Safety Act 2022, new builds and many refurbishments in these buildings need Building Safety Regulator approval at Gateway 2 before work can start, which changes programmes, finance and design strategy.

Adapted from my June 2026 article for Property Investor News, “The Game Has Changed”.

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The three gateways in brief

• Gateway 1 (planning): fire safety, emergency access and evacuation must be integrated into the design and are now material planning issues.
• Gateway 2 (before construction): a full compliance package goes to the Building Safety Regulator. Work cannot legally start until it is approved. This is where most programme and commercial risk now sits. See our Gateway 2 support page.
• Gateway 3 (completion): the developer must show the finished building matches the approved design and fire strategy before residents move in.

Running through all three is the golden thread: a maintained digital record of design decisions, safety information and as-built data. It is a legal requirement, and poor information management can delay occupation when cash flow pressure is highest.

The commercial impact developers do not expect

• Longer pre-construction: in our experience, plan for at least six months between Gateway 2 submission and starting on site, and longer for complex schemes.
• Holding costs: every extra month adds finance cost before any value is created. Appraisals based on old programmes may overstate land value.
• Bigger, earlier teams: architect, structural, fire, MEP and façade consultants and the principal contractor must coordinate before submission. Inconsistent information triggers regulator queries and more delay.
• No more late value engineering: changes affecting fire strategy, structure or services after approval can require further regulatory review.
• Clearer appointments: responsibilities, design ownership and liability for Gateway submissions must be defined.

Prime London: the rules beyond Building Regulations

In prestigious buildings in Mayfair, Knightsbridge or Belgravia, freeholders and management companies add their own controls: limited working hours, contractor vetting, service lift bookings, delivery management, noise and vibration limits, and engineering reviews of any work affecting shared systems or compartmentation. A “simple” apartment refurbishment can need coordination closer to a base-build project.

Case study: a Mayfair refurbishment

We worked on the full refurbishment of a luxury apartment in a higher-risk residential tower in Mayfair: new layouts, upgraded MEP systems, secondary glazing and bespoke detailing. Because the tower is a higher-risk building, fire strategy, compartmentation and service penetrations needed coordinated input from the architect, MEP and fire consultants before detailed design. The management company’s approval procedures added a further layer. None of this was unmanageable, but together it required more coordination than the original programme assumed. The project is now on site.

What developers must get right

1. Check early whether the building, or the work, falls within the higher-risk regime.
2. Appoint an experienced team, including a competent Principal Designer, before technical design.
3. Coordinate fire, structure and services before assembling the Gateway 2 package.
4. Build realistic Gateway 2 periods and flexible finance into the programme.
5. Extend due diligence to fire strategy, existing infrastructure and building management procedures.

The Building Safety Act has not removed opportunity from prime London. It has raised the level of expertise needed to deliver it.

Frequently asked questions

What is a higher-risk building?

In England, broadly a building at least 18 metres or seven storeys high containing at least two residential units, plus certain hospitals and care homes during design and construction.

Does the Building Safety Act apply to refurbishments?

Yes. Many building works in existing higher-risk buildings, including some apartment refurbishments, need building control approval from the Building Safety Regulator.

How long does Gateway 2 add to a project?

The statutory review targets are measured in weeks, but in practice preparation and regulator queries extend pre-construction. Plan for at least six months from submission to starting on site, longer on complex schemes.

Lucia Piccinini is the founder of LP ARKinnovation, a RIBA Chartered Practice working across London and beyond, including Chiswick, Hammersmith, Fulham, Chelsea, Kensington, Westminster, Tower Hill, Islington, Brentford, Hounslow, Richmond, Windsor and Maidenhead. ARB registered architect (085370D), RIBA Chartered Member and registered with the Ordine degli Architetti in Italy, with more than 15 years of practice across London, Florence and Milan. She writes a monthly column for Property Investor News, contributes to Fairness Magazine and speaks at property industry events. Press, articles and podcasts.