Yes—England’s Building Safety Act regime can affect waterproofing design, but it does not prescribe one membrane or universal build-up. Its practical impact is greatest on qualifying higher-risk building (HRB) projects: the client needs Building Safety Regulator (BSR) approval before covered work starts, the design team must maintain controlled evidence, and roof and external-wall waterproofing information becomes part of the building’s regulated record. Fire classifications and later product substitutions can also trigger notification or a fresh approval.
This guide explains the England-only rules, what must be recorded, how fire requirements intersect with waterproofing, and how to handle design changes. A compliant system still depends on project-specific facts—roof, wall or below-ground location, substrate, movement, water exposure, service life and construction details—so the legislation cannot by itself identify a suitable product.
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When does the Building Safety Act apply to waterproofing work?
The Act matters when waterproofing is part of design or construction work covered by the higher-risk building regime in England. The building definition must be checked against the amended Building Act 1984 and the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023; other legislation can use different definitions.
Government criteria describe a qualifying new building as a building with at least two residential units, a care home or a hospital, and that is “at least 18 metres high or have at least 7 storeys.” The use and unit tests are cumulative with the height or storey test, not alternatives that make every tall building an HRB. Check the current criteria before deciding which approval route applies: MHCLG criteria for determining whether a new building is higher-risk.
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| Question | What to verify | Why it matters to waterproofing |
|---|---|---|
| Building use | At least two residential units, care home or hospital | Determines whether the HRB definition is engaged. |
| Height or storeys | At least 18 metres or at least seven storeys, measured using the applicable statutory method | Affects whether BSR building-control approval is required. |
| Work type | New construction or work to an existing HRB, including any exemption | Existing-building work normally needs approval unless an exemption or other arrangement applies. |
| Jurisdiction | England | The process described here should not be assumed to apply identically in Wales, Scotland or Northern Ireland. |
Approval, dutyholders and the waterproofing evidence trail
For covered work, the client must ensure that BSR building-control approval is granted before work begins. The BSR reviews compliance with the building regulations and also considers project management arrangements and the competence of appointed people. The client remains legally responsible for the application even when another organisation submits it. The current process and exemptions are set out in BSR’s building-control approval guidance.
Waterproofing decisions therefore sit inside a wider dutyholder system. The principal designer manages building-safety risks during design; the principal contractor manages them during construction; and both must coordinate information so the built work can be shown to match the approved design. Accountable persons must maintain effective and proportionate measures for managing building-safety risks in their HRBs. The Act overview describes these responsibilities at The Building Safety Act.
A practical approval sequence
- Classify the building and work. Confirm use, height, storeys, residential units and whether an existing-building exemption could apply.
- Define the waterproofing scope. Identify every roof, façade, balcony, podium, basement or other water-resisting element affected by the work.
- Appoint competent dutyholders. Record competence for waterproofing design, fire performance, structural movement, interfaces and inspection.
- Coordinate the design. Resolve interfaces between membranes, insulation, structure, drainage, penetrations, fire-stopping and finishes before submission.
- Submit the controlled information. Include drawings, specifications, calculations, product evidence, inspection plans and the required key building information.
- Wait for BSR approval. Do not start covered work on the assumption that an application, building-regulations approval from another route or a supplier letter is enough.
- Control construction changes. Log substitutions and design amendments, classify each under current BSR change-control guidance and obtain approval before work on a major change.
What waterproofing information must be recorded?
The Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023 specifically require roof information. Regulation 10(a) says the record must include “the main material used in the composition of the part of the roof that provides a waterproof covering”. It must also state whether the roof has a separate insulation layer and whether the roof plane is pitched, flat or a combination. Read the regulation in full at the official 2023 regulations PDF.
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| Required roof record | What the design team should identify |
|---|---|
| Main waterproof-covering material | The principal material composing the part of the roof that provides the waterproof covering; describe the installed assembly accurately rather than only naming a trade brand. |
| Separate insulation layer | State whether insulation is a separate layer from the waterproof covering. |
| Roof geometry | Record pitched, flat or a combination of roof planes. |
| External-wall context | Record external-wall materials and insulation composition where required; this is important when waterproofing and insulation form one façade build-up. |
This is a building-information requirement, not a statutory endorsement of a particular membrane, coating or sheet. It does not replace the performance specification, interface details, inspection records or maintenance information needed to demonstrate that the design works.
Information to retain beyond the minimum fields
- Location and extent of each water-resisting layer, including changes between roof zones and façade interfaces.
- Substrate, falls, drainage routes, movement joints, penetrations, upstands, terminations and access provisions.
- Declared product performance, compatibility evidence, installation limits and manufacturer details current at approval.
- Fire classification evidence where the assembly or its location makes it relevant.
- Inspection and testing hold points, photographs, as-built drawings, repair records and the final product schedule.
How fire rules intersect with waterproofing materials
Waterproofing is not outside fire regulation simply because its primary function is to resist water. The government’s 1 June 2022 update to Approved Document B described an amendment to the external-wall combustible-material ban: the exemption list included waterproofing and insulation materials in an external wall below and up to 300 mm from ground level. The same update introduced new Approved Document B provisions for external walls and balconies of certain new blocks of flats between 11 m and 18 m high. See Approved Document B: 2022 update.
The 300 mm wording is a specific material-and-location exemption, not a blanket exemption for waterproofing products. It does not mean that a membrane at any height, in any wall, or in any building use is automatically acceptable. Before relying on it, verify the current statutory text, the building’s height and use, the exact wall position, the product’s reaction-to-fire evidence and any transitional provisions.
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Use the live Approved Documents collection for the applicable edition. Approved Document B is the government’s statutory guidance for fire safety; Approved Document C covers site preparation and resistance to contaminants and moisture. The collection lists a B edition dated 16 September 2026 and a C edition dated 3 September 2013, while the collection page says it was last updated 15 May 2024. That metadata mismatch is a reason to open the current document and confirm its status, not to assume an old edition applies.
Fire checks for a waterproofing build-up
- Determine whether the waterproofing is in an external wall, roof, balcony, podium or another location with specific fire provisions.
- Check whether the material is within a regulated external-wall build-up and whether the 300 mm ground-level condition genuinely applies.
- Obtain the reaction-to-fire classification and supporting test or assessment evidence for the exact product and assembly.
- Coordinate cavity barriers, fire-stopping, penetrations and interfaces so that a water-resisting detail does not defeat the fire strategy.
- Record the approved product and its evidence; a later change can trigger BSR change control even when the replacement appears technically better.
Choosing a waterproofing design without guessing the product
No regulation can select a system without project data. Before comparing membranes, coatings, sheets or tanking systems, establish the conditions below and document the assumptions:
- Application: roof, external wall, balcony, podium, basement, retaining wall or another location.
- Water exposure: rainfall, wind-driven rain, hydrostatic pressure, groundwater, drainage reliability and flood risk.
- Substrate and movement: concrete, masonry, metal deck, timber or composite substrate; cracking, deflection, thermal movement and joints.
- Assembly interfaces: insulation position, vapour control, falls, outlets, flashings, façade fixings, penetrations and fire-stopping.
- Construction constraints: weather limits, curing time, access, sequencing, protection and inspection points.
- Whole-life requirements: intended service life, maintainability, repair access, warranties and traceable installation records.
- Compliance evidence: moisture performance under Approved Document C, fire performance under Approved Document B where relevant, and evidence for the actual assembly rather than a similar product.
These criteria support a defensible comparison, but they are not evidence that any unnamed system satisfies them. A competent designer must convert the project brief into a tested, buildable detail and coordinate it with the structural and fire strategies.
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What happens when a waterproofing product changes?
BSR change-control guidance distinguishes recordable, notifiable and major changes. A replacement with the same or higher specification or class is a recordable change, but that does not make every substitution automatically minor. A different reaction-to-fire specification may be notifiable even when the replacement has higher apparent performance. Major changes include specified changes to structural design or loading, external walls, fire measures and certain substitutions to products with lower fire performance. Consult BSR’s guidance on making changes to an HRB project for the current categories and process.
| Change situation | Typical BSR treatment | Required response |
|---|---|---|
| Same or higher specification or class, with no other regulated effect | Recordable change | Update the change log, drawings, schedules and as-built information; retain the comparison evidence. |
| Different reaction-to-fire specification | May be notifiable, even if the new product appears higher performing | Assess the exact classification and assembly effect, notify where required and obtain the required acceptance before proceeding. |
| Effect on external wall, fire measures, structural design or loading, or a lower-fire-performance substitution | Potential major change | Stop work related to the change and obtain BSR approval before continuing. |
| Change with uncertain classification | Not safely classifiable from the product name alone | Ask the project’s dutyholders to assess the affected approved documents, performance attributes and interfaces under the current guidance. |
A substitution-control checklist
- Freeze the proposed replacement and identify exactly what changes: material, thickness, reaction-to-fire class, fixing, location, manufacturer, installation method or interface.
- Compare the approved and proposed technical data, including test scope, assessment route, compatibility and service conditions.
- Recheck the roof or wall key-information record and all affected drawings, specifications, calculations and fire details.
- Have the principal designer and other relevant competent people classify the change under the current BSR guidance.
- Make the required record or notification; for a major change, do not proceed until BSR approval is granted.
- Update procurement instructions, inspection plans, delivery checks and as-built records so the installed product can be traced.
Common waterproofing and Building Safety Act mistakes
Assuming a roof record is a design approval
The regulation records the principal roof waterproofing material, insulation arrangement and roof form. It does not prove that falls, drainage, laps, joints, penetrations or interfaces are adequate. Keep the statutory record and the technical design evidence together but do not confuse their purposes.
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Treating the 300 mm rule as a universal waterproofing exemption
The exemption described in the 2022 update is limited to specified waterproofing and insulation materials in an external wall below and up to 300 mm from ground level. Location, building category, product evidence and current law still control the conclusion.
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Ordering a substitute before classifying it
Procurement pressure does not override change control. A higher-performing product can still have a different reaction-to-fire specification or alter an approved interface. Classify first, then order and install.
Using an outdated Approved Document
Government guidance is revised. Open the live B and C documents, check their edition and transition provisions, and record which version informed the application and construction details.
Ignoring existing-building exemptions and boundaries
Work to an existing HRB may require approval unless it falls within a listed exemption or another applicable arrangement. Confirm the scope with the current BSR guidance rather than applying the new-build process—or ignoring it—by assumption.
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Project-ready document checklist
- HRB classification note covering use, units, height, storeys and jurisdiction.
- Waterproofing design brief identifying every affected location and exposure condition.
- Coordinated drawings and specifications for membranes, insulation, structure, drainage, fire-stopping and penetrations.
- Product data, compatibility statements, fire classifications and moisture-performance evidence for the approved assembly.
- Roof key building information: principal waterproof-covering material, separate insulation layer and roof form.
- External-wall material and insulation information where the regulations require it.
- Inspection, testing, photographic and as-built records, including concealed work.
- Change log showing recordable, notifiable and major changes, decisions, notifications and approvals.
- Final information handed to the accountable person for ongoing building-safety management.
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