Consultation on emergency repairs for Higher-Risk Buildings

The Ministry of Housing, Communities and Local Government (MHCLG) has launched a consultation seeking views on whether the current emergency repairs provisions within the Higher-Risk Building (HRB) regime are sufficiently proportionate and whether changes are needed to enable other urgent works that may not meet the current criteria of an “emergency repair” to proceed more quickly whilst maintaining robust building safety oversight. 

Many providers will be familiar with the frustration of identifying a clear safety issue but being unable to proceed immediately because the works fall outside the current scope of the emergency repairs provision. For registered providers, local authorities and other housing organisations responsible for HRBs, this is an important opportunity to influence reforms that could remove some of the practical barriers currently delaying urgent safety works. 

The current position

Under the Building Safety Act regime, most building work to existing HRBs requires Building Safety Regulator (BSR) approval before works can commence through the Gateway 2 process. This will undoubtably lead to increased cost and delay. The principal exception is where works constitute "emergency repairs" and it is not practicable to obtain prior approval due to the urgency of the situation. 

While the emergency repairs route was intended to allow urgent intervention where there is an immediate risk to health, safety or welfare, it is limited to repairs (not wider works), that are urgent, will be carried out promptly and where the risks cannot be otherwise mitigated. 

Many duty holders have reported uncertainty about the scope of the exemption and difficulties in applying it in practice. The Government acknowledges that this uncertainty has led both to misuse of the provision and to hesitancy amongst clients who are concerned about potential enforcement consequences if the exemption is used incorrectly. 

The practical challenges facing housing providers

Many housing providers have encountered situations where urgent works are required to maintain resident safety but do not neatly fit within the narrow definition of an "emergency repair".

Examples include:

• Replacement of failed fire alarm systems.
• Replacement of defective fire doors.
• Replacement of sprinkler systems.
• Installation of temporary or permanent measures to address emerging building safety risks.

The consultation recognises that some of these works may currently require full Gateway 2 approval before commencement, even where delays increase risks, prolong disruption to residents, or necessitate expensive interim measures such as waking watches. 

What the Government is proposing

The consultation includes two potentially significant reforms.

1. Expanding the Emergency Repairs Route

   The Government is considering broadening the existing provision so that it applies to a wider category of "emergency works" rather than being limited to repairs only. This could enable a broader range of urgent works to proceed without prior approval where swift action is necessary to address risks.

2. Creating a New Critical Works Route

   The Government is also considering introducing a separate route for a limited range of critical works that require urgent delivery but do not meet the current criteria for emergency repairs. The intention is to allow certain works to proceed without waiting for prior BSR approval whilst retaining regulatory oversight through notification and post-completion review processes.

Why housing providers should respond

This consultation presents an important opportunity for the sector to explain how the current regime operates in practice.

In particular, providers may wish to share evidence of:

• Delays to safety-critical works caused by Gateway 2 requirements.
• Difficulties interpreting the current emergency repairs provisions.
• Prolonged reliance on waking watches or other interim measures.
• Increased costs arising from delayed approvals.
• The effect of delays on resident safety, wellbeing and confidence.
• Situations where urgent works were required but did not qualify as emergency repairs. 

The Government has been clear that it does not intend these proposals to reduce safety standards. Rather, the objective is to improve proportionality and ensure that urgent risks can be addressed more quickly while maintaining the core principles of the building safety regime. 

For organisations that have experienced practical difficulties under the current framework, this may be the most important opportunity since the introduction of the HRB regime to influence how urgent works are managed in the future.

More information is available here and responses can be made online here.

The consultation closes on 3 September 2026.

If you have any questions or would like to discuss please contact Louise Mansfield.

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