Last updated: September 28, 2026
The Building Safety Act 2026 higher-risk buildings UK September update centres on the Building Safety Regulator's move to a more proportionate, risk-based approach to building assessment certificates, refreshed gateway 2 guidance dated 22 September 2026, and continuing scrutiny of remediation progress reported through the Grenfell Tower Inquiry government update. The core legal definition of a higher-risk building has not changed: it remains 18 metres or more, or 7 or more storeys, with at least two residential units [5]. Buyers, owners and surveyors should focus on documentation, gateway status and remediation evidence rather than expecting a brand-new statute this month.
The Building Safety Act 2022 remains the governing statute, and the "2026" reference in current news relates to updates, guidance and secondary measures rolled out through 2026 rather than a new Act. Legislation.gov.uk confirms the Act is current with all changes in force up to 26 September 2026, including an amendment recorded on 1 July 2026 [3][5].
For most flat owners and buyers, the practical effect depends on whether the building falls within the higher-risk category. If it does, the building has an accountable person, is subject to BSR oversight, and must go through statutory gateways during design, construction and occupation [8]. If it does not, standard building control and fire safety rules apply instead, and the additional BSR layer is not relevant.
Decision rule: if your block is 18 metres or taller, or has 7 or more storeys and 2 or more flats, assume the higher-risk regime applies and ask the managing agent to confirm the building's BSR registration status.
A building is classified as higher-risk if it is at least 18 metres tall, or has at least 7 storeys, and contains two or more residential units, as set out in section 65 of the Building Safety Act 2022 [5]. This threshold applies to existing occupied buildings under Part 4 of the Act and to new design and construction projects under Part 3 [9].
Some building types sit in a grey area:
The main difference is regulatory oversight, not fire risk category. Higher-risk buildings sit under BSR building control and ongoing accountable-person duties; lower-risk buildings use local authority or approved inspector building control and standard fire safety legislation. A building can still be poorly maintained or have safety issues even if it falls below the higher-risk threshold, the classification is about which regulator and legal duties apply, not a guarantee of safety.
The September 2026 update is best understood as a guidance and process refresh rather than new primary legislation. Three specific changes are worth tracking.
On 9 July 2026, the BSR announced it would move to a more proportionate, targeted and intelligence-led approach to building assessment certificates (BACs) for higher-risk buildings [6]. The stated aim is to give more support to principal accountable persons, particularly resident-led ones, without lowering safety standards. Updated tools and resources for duty holders were expected from September 2026, which is why this counts as a live September update rather than a historic announcement [6].
Importantly, the BSR has been clear that ongoing duties for accountable persons and principal accountable persons remain unchanged, this is a shift in how BAC assessments are prioritised and delivered, not a reduction in legal obligations [6].
GOV.UK guidance on building control approval for higher-risk buildings, and on applying for a completion certificate, was both updated on 22 September 2026 [1][2]. One notable clarification: certain fibre-optic cabling work on existing higher-risk buildings no longer requires building control approval [1]. The BSR remains the sole building control authority for higher-risk buildings, and completion certification continues to be a core part of gateway 3 [4][8].
Common mistake: assuming any refurbishment or cabling work in a higher-risk block automatically needs BSR sign-off. Always check the current guidance, since specific exemptions like the fibre-optic clarification can change what's required.
Remediation legislation continues to move through Parliament, and government progress reporting through the Grenfell Tower Inquiry construction industry update tracks how quickly dangerous cladding and related defects are being fixed [7]. As of September 2026, this work should be treated as ongoing and evolving rather than fixed with a single new deadline, always check GOV.UK for the latest legislative status before relying on any specific date.
Separately, the BSR's own strategic plan set internal delivery targets: by April 2026, the regulator aimed to have assessed around 40% of occupied higher-risk buildings, covering roughly 65% of relevant residential dwellings, alongside progress on cladding remediation [8]. By October 2026, the BSR planned to complete a cost-benefit analysis on regular electrical inspections and consider further guidance on stairs, emergency egress for disabled residents, and fire suppression systems [8]. These are regulator delivery milestones, not new statutory compliance deadlines for individual building owners.
The second staircase requirement applies to new residential buildings over 18 metres and is part of the wider fire-safety design reforms linked to Approved Document B, following recommendations from the Independent Review of Building Regulations and Fire Safety [9]. This is a design standard for new buildings, not a retrofit requirement for existing blocks, so owners of older buildings should not assume they need to install a second staircase.
Alongside this, sprinklers are required in all new blocks of flats 11 metres and above, and in all new care homes regardless of height [9]. For buyers, this means:
The Building Safety Levy has been proposed by government as a charge on certain new residential developments to help fund building safety remediation, but buyers and existing flat owners should treat the exact rate and start date as unconfirmed unless verified on GOV.UK at the time of reading. Do not assume a levy charge appears on an existing service charge without checking with the freeholder or managing agent directly.
For flat buyers, the levy is primarily a developer-facing cost tied to new build applications rather than a direct charge on individual leaseholders, though costs can indirectly affect new-build pricing over time.
The principal accountable person (usually the freeholder, landlord or a nominated building safety manager) holds the primary legal duty to manage building safety risks in a higher-risk building, supported by one or more accountable persons where responsibility is split across parts of the building [8]. The BSR is the enforcing regulator for higher-risk buildings and expects ongoing engagement even where its assessment approach is now more risk-based [6].
If a building fails to meet requirements, for example, missing a building assessment certificate deadline or failing to remediate a known fire safety defect, the BSR can use enforcement powers, and leaseholders may face delays selling or remortgaging flats until issues are resolved. Selling a flat in a higher-risk building with an unresolved fire safety defect or missing certification is one of the most common reasons transactions stall.
If your building meets the 18m/7-storey and 2+ residential unit threshold, the BSR is already the relevant building control authority by law, you do not choose whether to involve it [4][5]. If your building falls below the threshold, the BSR generally has no jurisdiction and your local authority or an approved inspector handles building control instead.
Hospitals and care homes are the clearest example of a partial exemption: they are treated as higher-risk during design and construction under Part 3, but excluded from ongoing in-occupation duties under Part 4 [9]. This means a care home built under higher-risk design rules will not necessarily have an accountable person once occupied.
Other edge cases include:
Edge case example: a 6-storey block with a roof garden that could be counted as an additional storey may sit right on the higher-risk threshold, buyers should ask for written confirmation of the building's classification rather than assuming based on storey count alone.
Anyone buying or already owning a flat in a building at or above 11 metres, or with 7 or more storeys, should treat building safety documentation as a core part of due diligence, not a formality. The threshold used in this section reflects both the statutory higher-risk definition (18m/7 storeys) and the lower 11-metre trigger used in fire safety guidance and mortgage lender checks.
Chartered surveyors carrying out pre-purchase due diligence on flats in higher-risk buildings typically combine a standard structural survey with a targeted building safety review. This usually includes:
| Check | What it reveals |
|---|---|
| Building height and storey count | Confirms whether the higher-risk threshold applies |
| BSR registration and gateway status | Confirms regulatory oversight stage |
| Fire risk assessment and EWS1 | Identifies known cladding or fire safety issues |
| Accountable person identification | Confirms who is legally responsible for ongoing safety |
| Remediation funding evidence | Checks whether costs may fall on leaseholders |
| Service charge and reserve fund review | Flags hidden building safety costs |
A surveyor will typically flag any missing documentation as a risk item in the report rather than assume it does not exist, since an absent certificate is treated as unresolved status rather than a clean bill of health.
Is the Building Safety Act 2026 a new law replacing the 2022 Act?
No. The Building Safety Act 2022 remains the governing legislation; 2026 references relate to updates, guidance and secondary measures, with legislation.gov.uk confirming the Act is current to 26 September 2026 [3][5].
Does my flat need a building assessment certificate?
Only if your building is classified as higher-risk under section 65 of the Act. The BSR's July 2026 announcement changed how these certificates are prioritised and delivered, not which buildings need one [5][6].
Do older buildings need a second staircase?
The second staircase rule applies to new residential buildings above 18 metres under updated fire-safety design standards, not as a retrofit requirement for existing blocks [9].
Who pays the Building Safety Levy?
The levy has been proposed as a charge tied mainly to certain new residential development applications. Confirm the current rate and start date on GOV.UK rather than assuming a fixed figure, since this had not been finalised with a confirmed date at the time of writing.
What should I check before buying a flat in a tall building?
Request the fire risk assessment, EWS1 form if applicable, BSR registration status, gateway progress, and any remediation timetable before exchange, and ask a surveyor experienced in higher-risk buildings to review them.
Are care homes and hospitals higher-risk buildings?
They are treated as higher-risk during design and construction, but are excluded from the ongoing in-occupation duties that apply to residential blocks [9].
The Building Safety Act 2026 higher-risk buildings UK September update is less about new legislation and more about how existing rules are being applied more efficiently. The BSR's proportionate approach to building assessment certificates, the refreshed gateway 2 and completion certificate guidance dated 22 September 2026, and continued remediation reporting through the Grenfell Tower Inquiry process all point to a system maturing rather than a system being rewritten [1][2][6][7].
For buyers, owners and surveyors, the practical next step is the same regardless of political headlines: confirm the building's exact classification, request current fire safety and remediation documentation, and verify BSR registration status before relying on any older paperwork. Treat any gaps in documentation as a reason to ask more questions, not a reason to assume everything is fine.
[1] Building Control Approval For Higher Risk Buildings - gov.uk/guidance/building-control-approval-for-higher-risk-buildings
[2] Design And Construction Of Higher Risk Buildings - gov.uk/government/collections/design-and-construction-of-higher-risk-buildings
[3] Contents - legislation.gov.uk/ukpga/2022/30/contents
[4] Building Safety Regulator - gov.uk/government/organisations/building-safety-regulator
[5] BSA 2022 s.65 - legislation.gov.uk/ukpga/2022/30/section/65
[6] BSR Proportionate Approach News - gov.uk/government/news/bsr-to-introduce-more-proportionate-and-targeted-approach-for-higher-risk-building-assessments
[7] Grenfell Inquiry Progress Report Sept 2026 - gov.uk/publications/grenfell-tower-inquiry-government-progress-report-september-2026
[8] Building Safety Regulator Strategic Plan 2026 To 2027 - gov.uk/publications/building-safety-regulator-strategic-plan-2026-to-2027
[9] Definition Of Higher Risk Buildings - gov.uk/publications/review-of-the-definition-of-higher-risk-buildings
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