Déjà Vu Storey as Govt Still Deciding on HRBs and Roof Gardens

ANOTHER government statement on whether roof gardens are considered a storey to be included when categorising higher-risk buildings (HRBs) has been issued.

The Ministry of Housing, Communities and Local Government (MHCLG) issued the statement on 29 May 2025.

It follows views expressed by a First Tier Tribunal (Property Chamber) judge in a legal case in 2024 that involved roof gardens being classified as a storey on a property that was then deemed a HRB as a result.

The judge in the case was damning about the government guidance on roof gardens, calling it confusing, badly referenced and challenging to use.

At the time (November, 2024) MHCLG referred the matter to the Building Safety Regulator (BSR), which said it was reviewing the government guidance but it should continue to be used in the meantime.

Roof Gardens NOT a Storey

Now, the MHCLG has repeated essentially the same message.

“Following the initial statement dated 18 October 2024, the Ministry of Housing, Communities and Local Government has carefully considered the views expressed by the Tribunal in the First Tier Tribunal decision dated 3 July 2024.

“The Department recognises the need to provide clarity within the legislation.  We are consulting the Building Safety Regulator and other relevant stakeholders on a proposal to amend the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 to make it clear that roof gardens should not be considered a storey when determining whether a building is a higher-risk building under section 120D of the Building Act 1984 and section 65 of the Building Safety Act 2022.

“In the meantime, the department’s view remains that roof gardens are not storeys for these purposes.  This is the basis for current government guidance, which the sector and regulatory bodies should continue to refer to.”

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