New Second Staircase Requirement for Tall Residential Buildings in England
In Short
The Law: The government has published updated documentation under the Building Regulations 2010 confirming that new residential buildings in England, which are 18 metres or more in height, will be required to have a second staircase. The change is to provide enhanced provision for firefighting and evacuation in the event of fire.
The Changes: The changes take effect on 30 September 2026 for all new residential buildings of 18 metres or over in height. Under transitional arrangements, the present rules, which require only one staircase in tall buildings, will continue to apply where: (i) a building notice or an initial notice has been given to, or a building control approval application with full plans made to, the relevant authority before 30 September 2026; and (ii) the building work to which it relates has either started and "sufficiently progressed" before that day or is started and sufficiently progressed within the period of 18 months beginning on that day, i.e. before 30 March 2028.
Looking Ahead: The publication provides welcome clarity to developers and the residential real estate sector generally, which can now plan with greater certainty. Even if developers can utilise the present rules in the transitional period, to build with only one staircase, it seems likely that many will choose to amend their current schemes (as some already have) to reflect the new rules, as market sentiment is likely to move further to the provision of the safest option.
On 29 March 2024, the government published amendments to Approved Document B (Fire Safety), which accompanies the Building Regulations 2010, which confirmed that second staircases will be required for new residential buildings in England that are 18 metres or more in height.
This is subject to a 30-month transitional period, so the change will come into force on 30 September 2026. To be eligible to continue under the present Building Regulation rules, with only one staircase, an application for a building notice or an initial notice must be given to, or a building control approval application with full plans made to, the relevant authority before 30 September 2026; and the building work to which it relates must have started and be "sufficiently progressed" before that day or be started and sufficiently progressed within the period of 18 months beginning on that day, i.e. before 30 March 2028.
What is meant by "sufficiently progressed"?
Building work is to be regarded as sufficiently progressed:
- Where the building work consists of the construction of a building, when the pouring of concrete for the permanent placement of the trench, pad or raft foundations has started, or the permanent placing of piling has started;
- Where the building work consists of work to an existing building, when that work has started; or
- Where the building work consists of a material change in use of a building, when work to effect that change of use has started.
This matches the definition in the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023.
If a developer does wish to take advantage of the transitional arrangements to continue with a one staircase scheme, it will be important to evidence carefully the work undertaken.
Are these changes to planning laws?
No. The amended rules are under the Building Regulations, rather than planning laws.
However, it is likely that some local planning authorities will follow the lead of the mayor of London, who stated last year that tall building schemes which were referable to him would need to be designed with the second staircase at the planning stage if they wanted to obtain planning permission. So indirectly such a stance by the local planning authority is likely to force developers into submitting schemes with two staircases even if they could otherwise meet the transitional provisions timetable.
If a project already has planning permission for one staircase and the developer can meet the transitional timetable, is there anything, legally, to prevent them from doing so?
No. However, developers may need to think carefully about the attitude of investors, buyers, lenders and market sentiment generally. If their new building with one staircase is being built at or around the same time as other new buildings with two staircases, what effect might that have on the perception of the building and its market value as compared to comparable two staircase buildings, even if the building is well-designed and safe? It seems likely that market sentiment will move further towards the provision of the safest option even before that is an absolute requirement.
Changing the planning for a scheme redesign
Some schemes which already had planning permission, most notably in London, were already being amended to add a second staircase. Local planning authorities have tended to accept non-material amendment applications under section 96A of the Town and Country Planning Act 1990 or minor material amendment applications under section 73 of that Act for the introduction of a second staircase. The physical end result of the second staircase is likely to be tall residential buildings growing in footprint as developers seek to make up for the habitable floorspace which is lost to incorporate the second staircase.
Three Key Takeaways
1. New residential buildings in England that are 18 metres or more in height will require second staircases.
2. The changes take effect on 30 September 2026. Transitional arrangements mean that projects which have submitted building regulation applications before that date and which are sufficiently progressed before 30 March 2028 can continue with a single staircase.
3. Even where the transitional arrangements could be utilised, developers may need to consider the attitude of investors, buyers and lenders to continuing with the single staircase approach.
