HRBs: Updated Government
guidance on roof gardens

Guidance has been updated on 28 May 2025 to include an updated notice clarifying the Government’s position following the First-tier Tribunal decision dated 3 July 2024 on roof gardens being considered a storey.

The guidance covers criteria in relation to 3 scenarios: occupation, building work to an existing building and construction of a new building.

OCCUPATION:

https://www.gov.uk/guidance/criteria-for-being-a-higher-risk-building-during-the-occupation-phase-of-the-new-higher-risk-regime

BUILDING WORK:

https://www.gov.uk/guidance/criteria-for-determining-whether-an-existing-building-is-a-higher-risk-building-during-building-work

NEW CONSTRUCTION:

https://www.gov.uk/guidance/criteria-for-determining-whether-a-new-building-that-is-being-designed-and-constructed-is-a-higher-risk-building