MHCLG clarifies position on roof gardens as storeys
The Ministry of Housing, Communities and Local Government (MHCLG) has issued an updated notice clarifying its position following the First-tier Tribunal’s decision on 3 July 2024, in Smoke House & Curing House, 18 Remus Road, London E3 2NF: LON/00BG/HYI/2023/0024. MHCLG acknowledges the need for legislative clarity and is consulting the Building Safety Regulator and other stakeholders on a proposal to amend the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023, SI 2023/275, to confirm that roof gardens should not be classified as a storey when determining whether a building is a higher-risk building under section 120D of the Building Act 1984 (BA 1984) and section 65 of the Building Safety Act 2022 (BSA 2022). In the interim, MHCLG maintains that roof gardens are not considered storeys for these purposes, and advises the sector and regulatory bodies to continue following current guidance.