From A to B: Government consultation on re-categorising building works to Higher-Risk Buildings

The government has launched a consultation on reforming how building works to existing Higher‑Risk Buildings (“HRBs”) are categorised for building control purposes in England.

The consultation closes on 28 May 2026 and focuses on improving the Gateway 2 approval process for Category A and B works, with the aim of enabling the Building Safety Regulator ("BSR") to focus on the most complex cases. 

Background

Building works on existing HRBs require Gateway 2 building control approval from the BSR before commencement unless the work is exempt, carried out under a Competent Persons Scheme (otherwise known as scheme works), or constitutes an emergency repair.

The work is then classified as either Category A or Category B, with both monitored by the BSR. 

Category A works tend to be more complex and likely to result in greater risks to safety than Category B works.  Category A works therefore require submission of additional documentation to the BSR.  Category B covers any works not falling into Category A and has a less burdensome application process.

The consultation reveals that the scope of Category A works is far broader than was originally anticipated.  As of February 2026, the BSR had received almost 2,000 non-cladding Category A applications, approximately five times the number expected. 

Many of these relate to relatively minor works, such as kitchen or bathroom modifications and the removal of non-load-bearing walls within individual flats. The consultation suggests that categorising these small-scale and lower complexity works as Category A places a disproportionate burden on both the applicant and the BSR, resulting in slower decision-making.  Speed of decision-making within the BSR has been high on the agenda (and well publicised) for some time. 

The consultation proposes amending Category A to introduce a proportionate approach that takes account of the scale and complexity of the intended works.

The government has put forward two options which are not mutually exclusive and currently proposes implementing both: 

Option 1 

• proposes reclassifying most building works within individual flats in residential and mixed-use HRBs as Category B.
• works would remain Category A where they impact fire safety (such as sprinklers, fire alarms and fire doors) or load-bearing walls.
• all work to communal and external areas would also remain Category A.
• this option is restricted to residential or mixed-use HRBs with flats and would not apply in the same way for other HRBs such as hospitals. 

Option 2 

• builds on Option 1 and proposes excluding small-scale work in the communal areas of all HRBs from Category A.
• proposes defining "small-scale work" as work typically undertaken by three or fewer people, completed within five working days, and not impacting active fire safety measures, load-bearing walls or external walls.
• examples include installing emergency lighting or repairing a single fire door set in communal areas. 

Other Matters

The consultation also seeks views on whether Competent Person Schemes could be established for some types of Category B work and on longer-term reform to remove internal works to flats and small-scale work from BSR oversight and transfer it to other building control bodies. 

Comments

The consultation potentially represents a significant step towards improving the HRB regime.  It remains to be seen how interested parties will respond, but it is clear that the volume of Category A applications has been overwhelming and the proposals, if implemented, would provide welcome relief for leaseholders, building managers and developers navigating the regime for smaller-scale works. 

However, some of the proposals in option 2 in particular seem to be quite open to interpretation and potentially to work against policy considerations underpinning the original Building Safety Act drafting.

Recognition also needs to be made around the degree to which some bodies providing competency authorisation for scheme work may exclude works to HRBs from their coverage (as has been the case for some work types) and any insurance issues that might be relevant.

Read more about Building Safety in the UK in this article by Tegan Johnson and Salem Abuzaid, both in our Construction, Engineering & Projects team.

Please do not hesitate to contact Helena Cullwick or your usual Charles Russell Speechlys contact for any further information. 

This is not a substitute for legal advice on the specific circumstances of your situation.