Building Safety Consultation - Scope Of Emergency Repairs

In July, the Government launched a consultation on the emergency repairs route under the higher-risk buildings (HRB) regime with the aim of improving proportionality and outcomes in building control. The consultation seeks views on proposals to reform the current emergency repairs provisions and clarify the guidance on what constitutes an emergency repair.

The consultation will be of particular interest to building owners, developers, contractors, housing providers and other professionals involved in the management and delivery of works to HRBs.

At present, emergency repairs are exempt from the requirement to obtain prior approval from the Building Safety Regulator (BSR) where there is an immediate risk to the health, safety or welfare of people and it is not practicable to seek approval first because of the urgency of the situation.

The Government has acknowledged that the current provisions may not always operate effectively in practice. In particular, some urgent safety works may fall outside the definition of “emergency repair”, even where delaying those works could increase risk to residents. The lack of guidance on the existing rules has led to inconsistent use of the exemption. For some, this has meant relying on the exemption in circumstances where it may not be applicable, possibly due to a desire to avoid the delay and cost associated with obtaining prior BSR approval. Whilst for others, given the potential implications of incorrectly relying on the exemption, it has led to a cautious approach and reluctance to rely on the exemption due to the risk of regulatory scrutiny when it may actually apply. For many, it has created lengthy debate between clients, advisors and contractors, adding further complications to contract negotiations and procurement processes. 

The proposed reforms aim to create a more proportionate and practical system by clarifying the difference in scope between emergency repairs and other works (which may still have an urgent safety element) that would fall outside the existing exemption. 

If you have experience of the current regime, whether as a building owner, developer, contractor or adviser, the consultation is an opportunity to provide feedback on how the emergency repairs provisions should operate in the future. The consultation closes on 3 September 2026.