Improving proportionality and building safety outcomes in building control: emergency repairs under the higher-risk building regime

The National Housing Federation has responded to the government's consultation on emergency repairs in higher-risk buildings, supporting reforms that would allow landlords to take faster action where urgent building safety risks arise.

The NHF argues that the current regime is too narrowly focused on whether work can be classified as a 'repair', rather than on the seriousness and urgency of the risk that needs to be addressed.

The NHF recommends expanding the existing emergency repairs provision so that it can cover urgent replacements, enhancements and improvements where repair is not practical or would not adequately address the risk. This would enable housing associations to respond more quickly to issues affecting fire safety, structural safety and other critical building systems, while maintaining appropriate oversight and safeguards.

The response highlights concerns that the current system can delay permanent solutions and leave residents reliant on temporary mitigations while waiting for approval from the Building Safety Regulator. It also stresses the need for the government to consider how the higher-risk building regime interacts with other regulatory requirements, including Awaab's Law, to avoid situations where landlords face conflicting legal duties.

The NHF highlights concerns with introducing an additional critical works process, asking the government to consider how expansion could be contained within a single emergency repairs process. It argues that major and complex building-wide projects should continue to require full Gateway approval. The NHF also calls for consideration of an accelerated Gateway 2 process for urgent major works.

The NHF emphasises that any legislative changes must be accompanied by clear guidance developed jointly by the government, the Building Safety Regulator and industry. This guidance should provide worked examples, decision-making tools, clear definitions, evidence requirements and advice on the interaction with other regulatory regimes to support consistent and proportionate decision-making.

NHF members can log in to download our full response.