Consultation on emergency repairs in high-risk buildings

The Ministry of Housing, Communities and Local Government (MHCLG) consultation on improving proportionality and building safety outcomes in building control summarises challenges with the emergency repairs process at the Building Safety Regulator (BSR) and provides three possible proposals.

The consultation opened on 9 July 2026 and closes on 3 September 2026.

Currently, building work carried out to manage an urgent risk to the health, safety or welfare to people in or about the building, is known as an ‘emergency repair’. Dutyholders must notify the BSR when they have carried out an emergency repair, and apply for a retrospective compliance certificate, known as regularisation.

Identified issues with the current process

The MHCLG has received stakeholder that the existing emergency repairs route is too narrow. In practice, this has created uncertainty for dutyholders and residents, with some urgent safety works delayed because they fall outside the definition of a repair. This can prolong reliance on interim measures such as waking watches or decants, increase costs, and leave residents living with unresolved risks for longer. MHCLG has also heard from BSR examples of misuse of the system to avoid applications to Gateway 2.

Consultation proposals

The consultation considers three approaches: 

1. Retaining the current emergency repairs provision.
2. Widening the route from emergency “repairs” to emergency “works” so that urgent replacement or limited upgrades can proceed more quickly.
3. Introducing a separate critical works route for a limited category of urgent works where a broader assessment of health, safety and welfare risks may justify proceeding without prior approval.

MHCLG notes that any change would need to avoid encouraging rushed, poor-quality or poorly planned work. The BSR would continue to retain oversight, including notification, regularisation and enforcement powers. Large-scale, complex or longer-term works are not intended to fall within the expanded route and should remain subject to prior Gateway two approval. 

Further issues for consideration

The document also highlights the need for clearer guidance and communications on what qualifies as emergency or critical works, as well as whether some urgent works could be suitable for self-certification through competent person schemes. Overall, the proposals aim to balance faster intervention for urgent safety risks with continued regulatory assurance and public confidence in the HRB regime.

We will be submitting a response to the consultation. If you would like it to be included in the NHF response, please send us your feedback by 28 August 2026. Please also share any reflections on the current system and any case studies you have of the current system working well/less well.