Higher-Risk Buildings Under the FBS

Higher-risk buildings (HRBs) have specific provisions under the Future Buildings Standard, including a later enforcement date of September 2027 (compared to March 2027 for other non-domestic buildings) and an exemption from the solar PV requirement. HRBs are regulated by the Building Safety Regulator (BSR) rather than local authority building control (Building Circular 01/2026).

What qualifies as a higher-risk building?

A higher-risk building is defined under the Building Safety Act 2022 as a building that is:

• At least 18 metres tall or has at least 7 storeys, AND
• Contains at least 2 residential units

This includes mixed-use buildings where the residential floors meet these thresholds, as well as care homes and hospitals that meet the height criteria.

Later enforcement date

While most non-domestic buildings must comply with the FBS from March 2027, higher-risk buildings have a later enforcement date of September 2027. This six-month delay accounts for the additional regulatory complexity of HRBs under the Building Safety Act (Building Circular 01/2026).

The transitional arrangements also apply, but with a different mechanism. HRB projects submitted to the Building Safety Regulator before September 2027 retain transitional protection as long as the application remains valid (has not been rejected). Unlike non-HRB projects, there is no 12-month commencement deadline for HRBs (Building Circular 01/2026, Section 2.2).

Solar PV exemption

Higher-risk buildings are exempt from the solar PV requirement. This exemption reflects the practical difficulties of installing and maintaining solar panels on tall buildings (Building Circular 01/2026, Section 4.4).

However, the TER and TPER targets are still derived from the notional building, which includes PV. HRBs must therefore meet the same emission and energy targets through other means:

• Superior fabric performance (lower U-values)
• Highly efficient heating systems (high COP heat pumps)
• Excellent air permeability
• Maximum lighting efficiency
• Effective heat recovery on ventilation

Building Safety Regulator

Higher-risk buildings are regulated by the Building Safety Regulator (BSR), part of the Health and Safety Executive, rather than local authority building control or approved inspectors. This means:

• Building control applications go to the BSR, not the local authority
• The BSR assesses compliance with all Building Regulations, including Part L
• BRUKL reports are submitted to the BSR alongside other required documentation
• The gateway process requires energy compliance to be demonstrated at multiple stages

Practical implications

For design teams working on higher-risk buildings:

• Start energy modelling early – the absence of PV credit makes achieving compliance harder, so energy strategy must be integral to the design from concept stage
• Consider enhanced fabric – going beyond the notional building U-values may be necessary to compensate for the lack of PV
• Maximise system efficiency – high-COP heat pumps, LED lighting at 105+ lm/W, and efficient ventilation with heat recovery are all essential
• Check the timeline – use the Compliance Route Finder to confirm whether the September 2027 date or transitional provisions apply to your project