Building safety: higher education roundup

It can be challenging keeping on track of the ongoing developments in building safety. In this blog we look at the key measures being implemented. 

Registering residential buildings above 11 metres high 

What's happening? 

A proposed obligation to register all residential buildings (which is likely to include student accommodation) that are over 11 metres high. Currently there's only an obligation to register those over 18 metres or seven storeys (whichever is the lower with two or more residential units) as Higher Risk Buildings or “HRBs”. 

Note: It's not clear whether the proposal to expand registration requirements will mean that residential buildings over 11 metres in height will be subject to the same requirements as HRBs. HRBs must be registered by the principal accountable person. Any existing occupied HRB must have been registered by October 2023. It's a criminal offence for an occupied HRB not to be registered. New build HRBs have to be registered once they have been built (and a completion certificate obtained from the Building Safety Regulator – not to be confused with the practical completion certificate). It's a criminal offence to allow occupation of a new build before registration (and registration will not be granted without a completion certificate).

When?

On a date to be confirmed.

Stricter rules to identify unsafe cladding and ensure resident safety

What's happening? 

There will be tightening of the rules around assessing buildings to create ‘more opportunities to identify buildings with unsafe cladding while ensuring residents are safe by having up-to -date assessments’. On the current information, there is every reason to think this is likely to include student accommodation.

When?

On a date to be confirmed.

Student accommodation and the building safety levy

What's happening? 

A building safety levy will apply to all new dwellings and purpose-built student accommodation in England requiring a building control application. For more details read our blog here. 

When? 

The building safety levy will apply from Autumn 2026. Exact date to be confirmed. Levy will vary depending on the area of the country that the buildings works are happening. 

Timely repairs by those responsible for buildings over 11 metres

What's happening? 

A proposal to require those responsible for buildings over 11 metres in height (it's assumed that this relates to those buildings with residential accommodation) ‘to take the necessary steps to fix their buildings within clear timescales’. Failure to do so will result in ‘significant financial consequences and a new criminal offence for those who ultimately fail to remove unsafe cladding’.

When? 

On a date to be confirmed.

Second staircase in new buildings over 18 metres

What's happening? 

A requirement to provide a second staircase in all new residential buildings over 18 metres tall.

When?

Wednesday 30 September 2026

Key takeaways  

Institutions should review their preparedness and seek advice where appropriate.

A number of these matters are featured in the Remediation Acceleration Plan outlined here.

In our blog here we have also looked at HRBs and the potential liability for educational institutions for students in private rented accommodation. 

In regards to building control approval, new HRBs (and works to existing HRBs) are taking about six months to get through “gateway 2” approval. This isn't a quick process and putting in a “half-baked” application makes it far more likely to be rejected and then you have to start all over again. In some instances it's taking the Regulator six months or more to determine. If an application for gateway 2 is made after the building safety levy comes into force, the levy will have to be paid. 

For further information on building safety and related matters, you can listen to our podcasts at Building safety conversations, subscribe for our construction updates and follow our Construction and engineering LinkedIn page.

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