Higher Risk Buildings

Higher risk buildings are now subject to increased regulatory scrutiny under the UK’s building safety regime, creating new responsibilities for clients, contractors and procurement teams alike. Introduced through the Building Safety Act 2024, the regime places greater emphasis on competence, compliance and early planning throughout the construction lifecycle.

For public sector organisations delivering residential, healthcare or mixed-use developments, procurement decisions now play a critical role in supporting safer project delivery.

 

What are higher risk buildings?

Higher risk buildings are buildings that fall within the scope of the enhanced safety regime overseen by the Building Safety Regulator.

According to GOV.UK guidance, higher-risk buildings in occupation are generally buildings in England with at least two residential units that are either:

  • At least 18 metres in height
  • Or at least seven storeys (gov.uk)

 

The definition must also be considered alongside the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. (legislation.gov.uk)

These buildings are subject to additional regulatory controls, including Gateway approvals during design and construction, with a strong focus on fire safety, accountability and information management.

 

Procurement requirements for higher risk buildings

Procurement teams influence project risk long before construction begins.

 

The procurement route selected for higher risk buildings affects:

  • When contractors are engaged
  • How design information is developed
  • Whether contractor competence is properly assessed
  • How programme risk is managed
  • Whether compliance requirements are embedded early enough

 

The Building Safety Regulator guidance confirms that higher-risk building work now requires building control approval before construction can start. (gov.uk)

Incomplete information, poor coordination or late design changes can therefore create significant delays, additional costs and approval challenges. In more serious cases, major redesign requirements can completely derail a project altogether.

If schemes need to be substantially reworked to meet compliance requirements later in the process, projects can quickly become commercially unviable, potentially resulting in developments being paused or abandoned after significant time and cost has already been invested.

For procurement teams, this means strategies should prioritise collaboration, early engagement and design readiness rather than focusing solely on lowest-cost appointment.

 

Gateway approvals and programme risk

Higher risk building projects are subject to Gateway approval stages within the building control process.

Gateway 2 applies before construction begins and requires sufficient evidence to demonstrate compliance before works can proceed. This can include detailed design information, fire and structural safety information, competency evidence, construction control plans, change control procedures, mandatory occurrence reporting processes and evidence that duty holders have appropriate arrangements in place to meet Building Regulations requirements. Incomplete submissions or gaps in compliance evidence can delay approvals, impact programme timelines and create significant commercial risk for projects already under delivery pressure.

Gateway 3 applies at completion and must be satisfied before occupation.

These approval stages can significantly affect programme planning if not properly accounted for during procurement.

The Construction Leadership Council Gateway guidance highlights the importance of robust information management and coordinated design development before Gateway submissions. (constructionleadershipcouncil.co.uk)

Procurement teams therefore need to build realistic timelines into their programmes, while ensuring contractors can support the information and compliance requirements needed for approvals. This also increases the importance of early contractor engagement, allowing buildability, compliance and design risks to be identified and addressed earlier in the project lifecycle before they create programme delays or approval issues.

 

Contractor competence and early engagement

Contractor competence is essential on higher risk building projects.

The GOV.UK guidance on design and building work: meeting building requirements makes clear that clients must take reasonable steps to ensure appointed contractors have the appropriate skills, knowledge, experience and organisational capability to meet their duties under the Building Regulations regime.

  • Clients should therefore assess not only technical capability, but also whether contractors can demonstrate:
  • Strong quality assurance processes
  • Fire safety understanding
  • Effective design coordination
  • Robust change control procedures
  • Competent specialist supply chains
  • Effective information and document management systems
  • Appropriate professional indemnity and public liability insurance
  • Relevant accreditations, certifications and compliance procedures
  • Evidence of health and safety management and KPI monitoring
  • Financial stability and organisational capability to support project delivery

 

The RICS Building Safety Act guidance emphasises the importance of the “golden thread” of building information throughout a project’s lifecycle. (rics.org) This means organisations must maintain clear, accurate and accessible records relating to design decisions, construction changes, safety information and compliance documentation, ensuring information can be properly managed, updated and shared throughout the design, construction and occupation of a building.

Early contractor involvement can help clients improve buildability, reduce late-stage risk and strengthen compliance planning before construction starts.

Procurement questions should therefore test governance, quality and building safety knowledge — not simply delivery capacity.

 

How Procure Partnerships Framework can support higher risk building projects

Procure Partnerships Framework provides public sector organisations with a compliant and structured route to market for higher risk building projects.

 

Frameworks can help clients:

  • Access experienced, pre-vetted contractor partners
  • Support early contractor involvement by providing quick market intel, arranging engagement sessions and coordinating site visits
  • Improve governance and procurement assurance through compliant procurement processes, structured supplier assessment and clear audit trails
  • Encourage collaboration and transparency by bringing clients, contractors and project teams together earlier in the project lifecycle to improve communication, coordination and decision-making
  • Balance quality, safety and value considerations by assessing suppliers on competence, capability, compliance and project delivery standards rather than focusing purely on lowest cost procurement models

 

Frameworks can also support more informed contractor selection by focusing on capability, compliance and delivery experience rather than purely lowest-cost procurement.

As the building safety regime continues to evolve, procurement teams will remain central to delivering safer, more compliant higher risk buildings across the public sector.