Why Expert Surveying and Legal Insight Are Critical for Building Safety Act Compliance

In the wake of the Building Safety Act 2022, developers and landlords are facing a new era of accountability especially when it comes to identifying whether a building qualifies as “higher-risk.” A recent project by DPR in East London serves as a timely reminder that technical accuracy, paired with legal insight, is now essential to staying compliant and protecting both assets and residents.

The Challenge: Measuring for Compliance

The project involved a mixed-use development with three interconnected residential blocks built above a ground floor church. The core objective? Determine whether the residential element qualifies as a “higher-risk building” under the Act.

The Building Safety Act defines higher-risk buildings as those that are:

• At least 18 metres in height, or
• Comprising seven storeys or more and used for residential purposes.

Simple enough in theory but in practice, measuring height correctly can be deceptively complex.

Where You Measure From Matters

In this case, DPR’s measured survey team used high-precision laser scanning and GPS technology to determine the vertical span of the building. The critical factor turned out to be the rear ground level, which was lower than the front. Because the Act requires height to be measured from the lowest adjacent ground level to the top occupied storey, the development’s central block just crossed the threshold at 18.59 metres.

Had the front ground level been used instead, the result would have been different proving that knowing where to measure from is as important as how you measure.

Legal Complexity: One Building or Three?

The next layer of complexity came from the structure itself. While the church had its own entrance and structural separation qualifying it as an independent section exempt from the higher-risk regime the residential blocks were a different story.

Although Blocks A and C were both under 18 metres, their interconnection and dependent access with Block B (the one that exceeded the height threshold) meant the development had to be treated as one single residential building. That brought all three blocks under the higher-risk regime, with all the associated design, compliance, and fire safety obligations.

Why This Matters

Misinterpreting the layout or measuring from the wrong point could have led to a false sense of compliance and potentially serious legal consequences.

This case shows how crucial it is to:

• Apply advanced surveying technology to obtain precise height data.
• Understand and interpret the legal definition of building sections under the Act.
• Seek expert guidance when evaluating complex or mixed-use sites.

The Government’s official guidance further reinforces the point, illustrating how interconnected structures must be evaluated based on egress, access, and functional separation not just architectural appearance.

The Bottom Line for Developers and Landlords

In today’s post-Grenfell landscape, technical knowledge and legal understanding are no longer optional, they’re foundational. Failing to identify a higher risk building accurately can lead to costly delays, reputational damage, and, most importantly, risk to occupants.

At DPR, we’ve seen first-hand how combining cutting-edge measurement tools with statutory expertise delivers clarity in complex developments. If you’re working on or investing in a residential building near the 18m threshold, the margin for error is slim. Make sure your surveying and compliance teams are aligned and equipped to navigate the intricacies of the Building Safety Act 2022.

Because when it comes to building safety, accuracy isn’t a luxury it’s a legal requirement.