Following the initial statement issued on 18 October 2024, the Ministry of Housing, Communities and Local Government has carefully considered the views expressed by the Tribunal in the First-Tier Tribunal decision dated 03 July 2024.
The department recognises the need for greater clarity within the legislation. We are consulting the Building Safety Regulator and other relevant stakeholders on a proposal to amend the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023.
The aim is to clarify that roof gardens are not considered storeys when determining whether a building is a higher-risk building under section 120D of the Building Act 1984 and section 65 of the Building Safety Act 2022.
In the meantime, the department’s view remains that roof gardens are not storeys for these purposes. This is the basis for current government guidance, which the sector and regulatory bodies should continue to refer to.
Click here to check the criteria for higher-risk buildings under the Building Safety Act.