More than 11m
Certain recurring fire-door check duties apply to relevant multi-occupied residential buildings in England.
Occupied higher-risk building guide
Higher-risk buildings and accountable persons
An occupied higher-risk building has a specific statutory definition. Its accountable persons must continuously assess and manage fire-spread and structural-failure risks; the principal accountable person coordinates whole-building duties.
Threshold comparison
Do not treat 11 metres, 18 metres and seven storeys as one rule
Different fire and building-safety duties use different scope tests. Height is only one part of the test; use, residential units, storeys and exclusions also matter.
At least 18m or 7 storeys
The 2022 Regulations define high-rise residential buildings using this threshold plus their residential scope test.
Occupation HRB regime
Generally requires the same height-or-storey threshold and at least two residential units, subject to definitions and exclusions.
Design and construction
The higher-risk-building definition also brings relevant hospitals and care homes into the regime during building work.
Scope note: Measure height and storeys using the applicable regulations and guidance. A marketing description such as “seven floors” is not a legal scope determination.
Scope test
Is the building a higher-risk building?
For the Building Safety Act occupation regime, the building must be in England, contain at least two residential units and be at least 18 metres high or have at least seven storeys. Detailed 2023 regulations define how to identify the building, count storeys, measure height and apply exclusions.
Do not rely on estate names, marketing descriptions or an approximate floor count. Complex structures with connected sections, shared basements or multiple cores may require careful application of the legal building definition.
- Apply the occupation-phase definition
- Check both height and storey limbs
- Confirm at least two residential units
- Use the prescribed measurement and storey rules
- Check statutory exclusions and document the conclusion
Avoid confusion
Higher-risk is not the same as high-rise or relevant building
Several regimes use similar terms with different purposes. A “relevant building” for leaseholder protections can be at least 11 metres or five storeys, while the Fire Safety (England) Regulations use “high-rise residential building” for specified operational duties.
Design and construction can also include qualifying hospitals and care homes at the higher-risk threshold, whereas the occupied Part 4 regime is based on residential units.
| Definition | Main purpose |
|---|---|
| Higher-risk building in occupation | Part 4 accountable-person, registration and safety-management regime. |
| Higher-risk building during design/construction | Enhanced BSR building-control regime; use criteria differ. |
| Relevant building | Building Safety Act leaseholder-cost protections. |
| High-rise residential building | Specific duties under the Fire Safety (England) Regulations 2022. |
Dutyholders
Who are the AP and PAP?
An accountable person is an organisation or individual that owns or has a legal obligation to repair common parts of the building. Several accountable persons can be responsible for different parts. The principal accountable person is the AP responsible for the structure and exterior, or the only AP where there is just one.
The identity follows legal ownership and repair obligations, not the job title chosen by a management team. Where the position is disputed, an interested party can apply to the First-tier Tribunal for a determination.
Accountable person
Manages building-safety risk in the parts for which it is legally responsible.
Principal accountable person
Registers the building and coordinates specified whole-building systems and submissions.
Responsible person
Holds duties under the Fire Safety Order; may be the same organisation but is a separate legal role.
Managing agent
May perform tasks, but appointment does not automatically transfer the statutory identity.
Occupied regime
The ongoing duties that must work together
APs assess building-safety risks and take all reasonable steps to prevent a major incident and reduce its severity. The PAP operates the building-wide systems, keeps the safety case report current and applies for a building assessment certificate when directed.
Compliance is a management system, not a document pack assembled only after BSR writes. Records should show current risk understanding, decisions, responsibility and verified action.
- Register and update key building information
- Assess fire-spread and structural-failure risks
- Maintain the safety case report and golden thread
- Operate mandatory occurrence reporting
- Prepare resident engagement and complaints arrangements
- Display and provide required building information
Whole-building coordination
How AP duties connect to the FRA
The Building Safety Act risk assessment and Fire Safety Order FRA have different statutory purposes. The safety case addresses fire spread and structural failure across the higher-risk building. The FRA addresses relevant persons and general fire precautions within the Order’s scope.
Section 156 requires responsible persons to identify and cooperate with accountable persons. In practice, the parties should reconcile the fire strategy, external-wall evidence, evacuation arrangements, maintenance, resident needs and action plans.
Current remediation evidence
Track national and local cladding progress
Use the June 2026 MHCLG tracker for programme totals, regional comparisons and permanent local-authority profiles. The data is aggregate management information and does not establish the position of an individual building.
See the whole framework
Fire-safety law works as a connected system
Return to the regulations hub to compare legislation, height thresholds and voluntary standards before deciding what applies to your building.
Frequently asked questions
Higher-risk buildings FAQs
Is a six-storey building ever a higher-risk building?
It can be if it is at least 18 metres high and contains at least two residential units. The height and seven-storey tests are alternatives.
Can there be more than one accountable person?
Yes. Different organisations can have legal repair responsibility for different common parts. One must be identified as the principal accountable person.
Is the managing agent automatically the accountable person?
No. The legal test primarily follows ownership and repair obligations. An agent can carry out functions without becoming the statutory AP.
Does the regime include hospitals and care homes?
They can fall within the design-and-construction higher-risk regime at the relevant threshold, but the occupied Part 4 definition is different and requires residential units.
Does an AP also need a fire risk assessment?
The responsible person must ensure the FRA. The same organisation may be both AP and responsible person, but the roles and documents remain legally distinct.
Premises-specific support
Ask what applies to your building
Tell us about the premises and the compliance question that prompted your enquiry. Your details can be reviewed and passed to a suitable fire-safety provider serving London or Surrey.
Read the London FRA guideRead Surrey fire risk assessment guidance
- No obligation to book
- Telephone number required
- Give the building height or storeys if relevant
Primary sources
Check the source, not only the summary
This independent guide provides general information, not legal advice or a building-specific assessment. Standards can be copyrighted and should be obtained from their publisher; this page summarises their purpose without reproducing them.
Related law and standards