The Welsh definition of a Higher-Risk Building (HRB) during the design and construction phase is set out in The Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023.

A building (including any structure) is considered higher-risk if it is:

• At least 18 metres in height, or
• Has at least seven storeys,

and contains any of the following:

• at least one residential unit
• a hospital with at least one bed for an overnight stay
• a care home
• a children’s home
  
  
  

Wales adopts a lower threshold by requiring only one residential unit for a building to fall within scope.

By contrast, the English regime requires two or more residential units.
This is not an accidental divergence. In its consultation response, the Welsh Government acknowledged concerns about over inclusion but concluded that:
“the level of risk attached to one unit justifies their inclusion with the description.”

This creates a broader regulatory net in Wales, capturing buildings that would fall outside the HRB regime in England, particularly mixed use buildings with a single flat above commercial premises, or specialist accommodation with only one self contained unit.

2. Definition of “Building”

England’s Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 include a detailed definition of “building”, covering:

• single structures
• multi structure complexes
• “independent sections”

Wales does not include an equivalent definition.

3. Inclusion of Children’s Homes

Wales explicitly includes children’s homes within the HRB definition.

In England, children’s homes are not named directly, but the UK Government has confirmed they may fall under the same category as support and sheltered accommodation, meaning they are in scope if they meet the height and storey thresholds and contain two or more residential units.