Redefining Category A building work consultation

Overview

This consultation seeks views on proposals to improve the proportionality of the building control process for Category A and Category B building work to existing buildings under the higher-risk building (HRB) control regime (‘the regime’). The consultation also seeks views on how guidance could be improved and the role of Competent Persons Schemes in Category B works.

We are committed to ensuring that the higher-risk regime is applied in a proportionate way. By this we mean a regime that strikes the right balance between ensuring robust oversight of safety critical works, enabling building works to proceed efficiently and without undue delays and avoiding excessive documentation burdens on applicants. A proportionate approach is not a compromise on safety.

Residents in HRBs who want to make internal (and often minor) changes to their properties have been caught by a regime intended to address systemic industry failure. At this time, it is important that work within HRBs remains with the BSR as the sole authority providing building clearance. To move minor works out of the scope of the BSR entirely at this stage would reduce clarity for business and homeowners alike, and risks applications for work needing to be split across the BSR and local authorities. These proposals aim to ensure that regulatory processes remain proportionate, effective, and focused on maintaining building safety.

Specifically, the consultation considers proposals to change the legal definition of Category A work, exempting work inside an individual flat (‘residential unit’) [1] and small-scale works in communal areas of all HRBs. For these types of building work the amount of documentation to accompany the application when it is submitted would be reduced.

These proposals are not a compromise on safety; they would not make any changes to the functional requirements and safety standards that building work must meet, or to Building Safety Regulator (BSR) approval for starting work. Instead, they are intended to ensure that the documentation requirements placed on applicants are proportionate and fit for purpose, and to ensure the BSR can focus on the largest, most complex cases.

Under these proposed changes, dutyholders (defined as individuals or organisations that are assigned specific responsibilities at particular phases of the design and building work life cycle) would continue to be required to ensure that building work complies with Building Regulations. The consultation invites evidence and views on these proposals.

This consultation seeks views on the proposed changes, and whether respondents support one or both of these proposals. The two options are not mutually exclusive. Whilst we currently propose implementing both Options 1 and 2, any final decisions will be subject to the findings of this consultation.

In addition to the main proposals of this consultation, we are seeking views on potential longer-term reforms that could be introduced as part of wider reform of the higher-risk regime. There may be a case in the future to move small-scale work out of the scope of the higher risk regime to other building control bodies. This consultation includes questions seeking early views on this and responses will inform ongoing work on options for wider reforms.  Primary legislation would be required to implement any such changes, and this would require careful policy consideration and evidence that the building work in question would continue to be carried out safely, to standards, and with an appropriate level of oversight.  We are only seeking early views at this stage.

These proposals form part of a wider package of reforms that the Ministry of Housing, Communities and Local Government (MHCLG) and the Building Safety Regulator ( BSR) are considering to improve safety and efficiency, including moving the BSR to become a new arms-length body under MHCLG in January 2026, and the recent consultation that proposes  changes to procedural requirements for telecommunications related building work, which launched on 27 January 2026: Improving proportionality and safety outcomes in building control: telecommunications work - GOV.UK

Why your views matter

This consultation is open to everyone. We wish to hear from a wide range of interested parties from across the public and private sectors, as well as from members of the public. The BSR will be invited to respond formally as required under s120B(3) of the Building Act 1984.