Managing HRBs: Theory Vs Reality

Many thanks for attending our recent panel event organised by the Building Safety Group of Howard Kennedy LLP on 7 October 2025: "Managing HRBs: Theory Vs Reality". 

Please find below a summary of the key takeaways from the seminar written by Bhavini Patel (Senior Associate and Co-Head of the Building Safety Group at Howard Kennedy LLP) and Matthew Davies (Associate and Member of our Building Safety Group at Howard Kennedy LLP).

Introduction

On 7 October 2025, our Building Safety Group hosted a well-attended seminar at our offices, which focussed on the management of Higher-Risk Buildings ("HRBs"): "Managing HRBs: theory vs reality". 

The panelists were: Bhavini Patel, Senior Associate and Co-Head of the Building Safety Group at Howard Kennedy LLP; Al Beevers, Founding Director of Grey Area Consulting; and Naomi Osei, Director of AM Housing Compliance Solutions and Interim Building Safety Relations Manager at Southwark Council (chaired by Daniel Barrett, Associate and Member of the Building Safety Group at Howard Kennedy LLP).

The core issues discussed were those arising out of higher-risk buildings ("HRBs"), safety case reports, the duties of Principal Accountable Persons, the importance of effective resident engagement strategies, and the need for duty holders understanding their building and its occupiers. 

The event offered a candid and practical look at the challenges and opportunities presented by the duty-holder regime, the evolving role of the regulator, and the critical importance of resident engagement. What emerged was a clear message: building safety is no longer just about compliance - it is about culture, communication, and continuous care.

The Duty Holder Regime: Clarity Amid Complexity

The BSA’s duty-holder regime has been described as one of the more coherent parts of the legislation, yet it remains fraught with complexity. Conflicting guidance from government bodies and regulators has left many duty holders uncertain about their responsibilities.

At the heart of the regime are two prescribed roles: the Accountable Person ("AP") and the Principal Accountable Person ("PAP"). These are typically the building owner or freeholder, not the day-to-day managing agent. A common misconception is that managing agents carry the legal burden—when in fact, criminal sanctions for non-compliance fall squarely on the AP and PAP.

The message was clear: delegation does not absolve responsibility. Duty holders must understand their obligations and ensure those acting on their behalf are competent and informed.

What Constitutes a Higher-Risk Building (HRB)?

A HRB is defined as a building in England that is:

• At least 18 metres tall or seven storeys high (calculated from the ground level to the floor surface of the top storey of the building); and
• Contains more than two residential units.

While Wales is only beginning to engage with the regime, England has been navigating its complexities for several years. The seminar also highlighted the overlap with fire safety legislation, specifically the Regulatory Reform (Fire Safety) Order 2005 and the Fire Safety (England) Regulations 2022, which impose additional obligations on building managers.

Compliance in Practice

Compliance is not a one-off event. It begins with registration of the HRB and submission of key building information within 28 days; a deadline that has caught many duty holders off guard.

The information required ranges from basic details (e.g. number of storeys) to complex documentation such as as-built drawings, which many older buildings lack. Failure to comply with this timeline can trigger regulatory scrutiny and potential criminal sanctions.

Beyond registration, duty holders must assess and manage building safety risks. These risks extend far beyond cladding and fire safety to include structural integrity, mould, timber balconies, and more. Annual fire risk assessments alone are insufficient. The regime demands a dynamic, ongoing understanding of the building and its occupants.

Resident Engagement: The Heart of Building Safety

Powerful insight of the importance of engaging with residents was shared by Naomi Osei, who provided her account of dealing with a resident's query when acting as Interim Building Safety Relations Manager for Southwark Council. The resident of a block owned by the - council asked: “How do I help my disabled neighbour escape from the 14th floor if there’s a fire?” This simple question sparked a borough-wide review of evacuation procedures and led to the creation of accessible communications, animations, and infographics tailored to residents’ needs.

Resident engagement is not a “nice to have”—it is essential. Residents are either champions or challengers of building safety. Both roles are valuable. Champions help spread awareness and compliance; challengers reveal blind spots and force improvement.

Effective engagement means:

• Plain, accessible communication;
• Genuine two-way consultation; and
• Continuous education and feedback loops.

Safety Cases and the Golden Thread

Safety cases – long used in oil, gas, and aerospace – are now central to building safety. The bowtie methodology was highlighted as a robust approach to visually identifying and mitigating risks.

The Golden Thread is a secure, digital record of building information, accessible to regulators, emergency services, and residents. It must be:

• Structured
• Searchable
• Continuously updated
• Proportionate to the building’s complexity.

One example cited by Al Beevers involved a building with 14 terabytes of data in its golden thread - a stark reminder of the scale and importance of digital record-keeping.

Monitoring and Maintenance: Safety is Not a One-Off

Buildings are dynamic. Residents change, systems degrade, and risks evolve. A well-run building today can become unsafe tomorrow.

Accordingly, monthly monitoring reports, traffic light systems, and proactive maintenance are essential. The regulator expects duty holders to demonstrate ongoing oversight—not just compliance at the point of certification.

Budgeting for Safety: Where Should the Money Go?

When asked how they would spend £100,000 on building safety from the perspective of a PAP, panelists offered thoughtful responses:

• Engineering & Maintenance: Stock and spares for critical systems.
• Resident Engagement: Building trust and understanding.
• Training & Competency: Ensuring managing agents are qualified.
• Surveys & Risk Assessment: Understanding the building’s structure and vulnerabilities.

The consensus: technical compliance is the easy part. Understanding your building and your residents is where the real work and impact lies.

Final Thoughts

The BSA is about scale - thousands of buildings, millions of residents. But at its heart, it’s about individuals: the resident who wants to sleep safely tonight, and the duty holder who must ensure they can.

Through a combination of compliance, culture, and communication, we can move from statutory obligation to meaningful safety. And in doing so, we not only protect lives—we build trust, resilience, and community.

Managing HRBs: Video

In the following video, watch the highlights from our recent panel event and gain an insight into what our expert panellists would prioritise with a £100k compliance budget - from ensuring competent management frameworks to deepening resident engagement and understanding building risks.