First tier tribunal decision on roof gardens
Views expressed in a recent First Tier Tribunal decision that roof gardens should be classified as a storey in Higher-Risk Building criteria are being considered.
The Ministry of Housing, Communities and Local Government (MHCLG) and BSR are reviewing First Tier Tribunal on classification of roof gardens in higher-risk buildings.
BSR said views expressed by the Tribunal may have created some uncertainty within the sector. However, the Tribunal itself acknowledged that it was not within its jurisdiction to formally determine whether the building being considered was higher risk.
BSR also said that in the meantime, sector and regulatory bodies should continue to refer to existing government guidance.