Much focus on the impact of the Building Safety Act 2022 is on residential properties; however, it also affects commercial premises deemed part of a higher-risk building (HRB). Subject to limited exclusions, a HRB is a building in England at least 18m or seven storeys high and containing at least two residential units.

The new building control regime involves increased regulation from the Building Safety Regulator (BSR), including three gateway approvals, which apply to:

• The construction of a new HRB
• Work to an existing building that either makes it an HRB, or stops it being an HRB
• Building work to an existing HRB (unless it consists of exempt or excluded works).

 The gateway approvals require the compilation of detailed information for submission to the BSR in order for HRBs to pass three checkpoints at key stages in construction and design: Gateway 1 at the planning stage, Gateway 2 before construction begins, and Gateway 3 upon completion. Gateways 2 and 3 are hard stop decision-points that require BSR approval to ensure building safety requirements have been met before the project can progress to the next stage. The rollout of the new regime has seen significant delays.

What does this mean for mixed-use buildings?

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