MHCLG and Building Safety Regulator (BSR) reviewing First Tier Tribunal on classification of roof gardens in higher-risk buildings

MHCLG and Building Safety Regulator (BSR) reviewing First Tier Tribunal on classification of roof gardens in higher-risk buildings

BSR will continue to follow the statutory guidance which states “rooftop gardens are not considered storeys and should not be counted as such” when determining an HRB.

A man looking up, and a digital tablet in his hands

Statement from MHCLG

The Ministry of Housing, Communities and Local Government and the Building Safety Regulator are currently considering the views expressed by the Tribunal in the recent First Tier Tribunal decision that roof gardens should be classified as a storey when determining whether a building meets the height and storey criteria under the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. 

In the meantime, the sector and regulatory bodies should continue to refer to existing government guidance. We recognise that the views expressed by the Tribunal may have created some uncertainty within the sector.

It is important to note the Tribunal itself acknowledged, it was not within its jurisdiction to formally determine whether the building being considered was a higher-risk building.